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HomeMy WebLinkAboutPermit PAG-96-006 w*V BRIDGE PERMIT THIS PERMIT is issued by the CITY OF RENTON unto THE BOEING COMPANY to establish the benefits and responsibilities of the respective parties in regard to the continued operation and use of the bridge at and near the mouth of the Cedar River, subject to the terms and conditions hereinafter set forth. 1. THE BOEING COMPANY is engaged in the manufacture, sale and service of miscellaneous aircraft and other products and operates a plant located in the City of Renton; in connection with its business of manufacturing and servicing aircraft, BOEING also leases certain portions of the Renton Municipal Airport from the CITY under a certain lease agreement initially executed on or about June 1, 1965,together with options to extend said lease under certain terms and conditions. BOEING has now made application to the CITY OF RENTON for a permit to continue to utilize the bridge at the mouth of the Cedar River in order to provide means of accommodating Boeing aircraft. 2. In time of any emergency,the City shall be entitled to the use of and access to such bridge by police, fire and other emergency vehicles and likewise have access for the purpose of dredging or similar purposes. 3. THE BOEING COMPANY hereby agrees and covenants to indemnify and hold the City harmless from and against any and all claims, damages, liability, loss,judgments, or expense, including the reasonable fees and disbursements of the CITY'S attorneys ("Claims")for death of or injury to any person or loss of or damage to any property(including the CITY'S property) arising out of the Permit herein granted or any acts or deeds or omissions done or performed by THE BOEING COMPANY,its agents,invitees, successors and assigns in connection with the construction,maintenance, operation or use by any of them of such bridge,provided however,that the foregoing agreement is not intended to apply to any Claim or Claims to the extent that they arise out of any acts or deeds or omissions done or performed by the CITY, its agents, invitees, successors and assigns. In the event that the CITY is made a parry to any suit or litigation with respect to which THE BOEING COMPANY is to indemnify or hold harmless the CITY hereunder,then THE BOEING COMPANY shall promptly assume the defense of any such action, at its sole cost and expense, and will hold the CITY harmless from any cost pertaining thereto, provided that the CITY shall(1)notify THE BOEING COMPANY of any such matter giving rise to such obligation as soon as possible, and(2) shall fully cooperate with THE BOEING COMPANY in connection with the defense or settlement of such action. 4. The initial tern of this Permit shall commence on 11121 , 1996, and shall end on May 31, 2010,provided that this Permit shall be automatically renewed and/or extended effective upon the renewal and/or extension of the lease by THE BOEING COMPANY of property at Renton Airport(or any portion of such property)and during the term of any agreement for the use of any portion of the Renton Airport by THE BOEING COMPANY, and provided further that this Permit may be renewed and/or extended at the request of THE BOEING COMPANY in other circumstances with the consent of the CITY,which the CITY will not unreasonably withhold. Upon the expiration of this Permit, as herein provided,title to the bridge, its approaches and any and all improvements thereto shall pass to the CITY, and no further obligations of the parties shall thereafter arise hereunder, except such as have already been incurred at such time. Upon any such change in ownership as herein provided for,THE BOEING COMPANY shall execute and deliver unto the CITY any and all documents reasonably necessary to evidence such vesting of title. While said bridge project is under the control and ownership of THE BOEING COMPANY as hereinabove set forth, latter shall have the right to erect,post and maintain proper signs, fences and other lawful measures to prevent the use and/or occupancy of said Bridge by members of the general public. 5. This Permit incorporates all jointly executed amendments to the bridge permit, including but not limited to Amendment PAG-69-1546,the Trail Area Amendment. Dated at Renton, King County,Washington this , 1996. THE BOEING COMPANY THE CITY OF RENTON By: Its: Its: Mayor Jesse Tanner ATTEST BY: .r- Marilyn J. M611 City Clerk CORRESPONDENCE SECTION **BOO, Jnr CITY OF RENTON ..rl Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator PAca — 9 !v— DO S Ph(I- Cl to---D0( November 14, 1996 CITY OF REM.OIV Mr. Paul Crane NOV Strategic Long Range Planning 151996 Boeing Commercial Airplane Group Seattle, Box 021 CITYCRK at ,WA 9814-2207LESOOFFICE SUBJECT: BOEING BRIDGE PERMITS Dear Paul: Please find enclosed two originals (each) of the North and South Boeing Bridge permits. These permits have been executed by Mayor Tanner. Please provide Boeing Company signatures on all copies, and return one executed copy of the North and South Bridge permits to me. Thanks for all of your assistance on this matter. Sincerely, Gregg Zim4 Trm-a ,Administrator Planning/Building/Public Works Department cc: Marilyn Petersen,City Clerk(w/o enc.) Dwument7 200 Mill Avenue South - Renton, Washington 98055 jW= ' %W *mot October 28 1996 Renton City Council Minutes Page 407 Mr. Sanchez encouraged the City to continue monitoring the situation, implementing traffic revisions as needed, and citing speeders. Councilmen Schlitzer and Edwards relayed their concerns regarding traffic increases and noted that when the Boulevard reopens after completion of the bridge project, more commuters may use the arterial as a bypass route and further increase traffic levels. CONSENT AGENDA Items on the consent agenda are accepted by one motion which follows the listing. Appeal: Anicello Short City Clerk submitted appeal of Hearing Examiner's decision on the Anicello Plat, NE 7th St, SHP-96- short plat, nine lots on 1.62 acres located at 3401 NE 7th St.; appeal filed on 073 10/16/96 by Robert Slater, 3507 NE 7th St., Renton, 98056 (File No. SHP-96- 073). Refer to Planning & Development Committee. Executive: Fire Station Executive Department requested approval for the 1% for Art proposal for Fire #14 & Training Center Station #14 and Training Center's granite and bronze, nine-foot tall sculpture Sculpture, 1% For Art by artist Hai Ying Wu which glorifies men and women firefighters who risk their lives in the line of duty. Refer to Community Services Committee. Finance: 1997 Budget & Finance and Information Services Department submitted 1997 Budget and the 1998 Spending Plan Public 1998 Spending Plan and requested public hearings be set for 11/18/96 and Hearings 12/9/96. Council concur. Transportation: Renew Public Works Administration recommended renewing the Boeing Airplane Co. North & South Bridge north and south bridge permits which would allow the transportation of Permits, Boeing �' 4'��'taircraft and other vehicles across the Cedar River between the Boeing Renton Pefm��� � ,c �c Plant and the Renton Municipal Airport. Refer to Transportation Committee. Utility: 1997/98 Rates Public Works Administration submitted proposed 1997/98 Utility Rates for briefing only. Refer to Utilities Committee. Public Works: Vehicle Public Works Fleet Maintenance Department requested approval of an Service & Maintenance interlocal agreement with the City of Newcastle to service and maintain their Agreement, City of vehicles and electronic equipment. Revenue generated will be approximately Newcastle, CAG-96- $10,000 annually. Council concur. (See page 409 for resolution.) Streets: Grady Way/Talbot Transportation Division submitted CAG-95-075, Grady Way/Talbot Rd. Rd Overiay, M.A. Segale, Resurfacing and 1995 Street Overlay project; and requested approval of the CAG-95-075 project, authorization for final pay estimate commencement of 60-day lien period, and release of retained amount of $18,928.27 to M. A. Segale, Inc., contractor, if all required releases are obtained. Council concur. Streets: Grady Ave S Transportation Systems Division requested traffic improvements in the amount Safety Improvements of $6,000 to reduce speeds on Grant Ave. S. by the use of channelization markings to narrow the roadway and enforcement of the speed limit. Refer to Transportation Committee. Transportation: Transportation Systems Division submitted proposed consultants list for the Consultants List For Small Transportation Engineering Small Works Roster, which will be in force for one Works Roster year and can be renewed a maximum of two additional one-year periods. Refer to Transportation Committee. Utility: Interim Water Utility Systems Division recommended that the City decline the invitation for Group, Renton additional financial participation in the Interim Water Group (a temporary Participation water supply governance organization). Refer to Utilities Committee. r , *W✓ `r► CITY OF RENTON COUNCIL AGENDA BILL AI#: � • Submitting Data: Planning/Building/Public Works For Agenda of: Dept./Div/Board.. Planning/Building/Public Works October 28, 1996 Staff contact...... Gregg Zimmerman(x-6211) Agenda Status Consent.............. X Subject: Public Hearing... Correspondence.. Boeing Bridge Permits (South and North Bridges) Ordinance............. Resolution............ Old Business........ Exhibits: New Business....... Study Sessions....... Draft Bridge Permits (South and North Bridges) Information......... Recommended Action: Approvals: Refer to Transportation Committee Legal Dept......... X (October 31, 1996) Finance Dept...... Other............... Fiscal Impact: N/A Expenditure Required... NIA Transfer/Amendment....... Amount Budgeted.......... NIA Revenue Generated......... Total Project Budget City Share Total Project.. Summary of Action: The Boeing Company utilizes two bridges across the Cedar River to transport aircraft and other vehicles between the Boeing Renton Plant and the Renton Municipal Airport. Use of these two bridges by The Boeing Company has been regulated by two Bridge Permits. The permit for the North Bridge expired on 9/28/94, while the permit for the South Bridge apparently expired back on 7/9/61. The Boeing Company is interested in renewing these bridge permits with conditions similar to those associated with the expired permits. Other than revising permit language that has become outdated, the only substantive changes to the proposed permit language are to tie the ending dates of the permits to Boeing's airport lease (ending on May 31, 2010), and to add provisions allowing the permits to be extended. STAFF RECOMMENDATION: Administration recommends that Council approve the Boeing North and South Bridge permits, and authorize the Mayor and City Clerk to execute the said permits. 6' cc: Sandra Meyer BRIDGE PERMIT THIS PERMIT is issued by the CITY OF RENTON for the utilization of a bridge across Cedar River, in Renton,Washington, for the purposes and subject to the terms and conditions hereinafter set forth: RECITALS 1. Commercial Waterway District No. 2 (hereinafter called"the Waterway District"), a municipal corporation in King County,Washington, organized and existing under the Commercial Waterway Act of 1911, which maintained a commercial waterway(Cedar River) in the City of Renton through and across certain real property which it owned adjoining the Renton Airport on the easterly side thereof,was dissolved by order of the Superior Court of the State of Washington for King County dated July 3, 1956,pursuant to RCW 53.48.130, and its land, improvements and other assets (including the real property lying between the hereinafter described school property and the Renton Airport)have been transferred to the City of Renton as of such date. 2. Renton School District No. 403 (hereinafter called"the School District") is a municipal corporation in King County,Washington, and the owner on and prior to July 5, 1956 of approximately 20 acres lying immediately north of the Renton High School Stadium and immediately east of and adjacent to Cedar River; on said date the School District held a public auction for the purpose of selling the above mentioned school property. 3. The City of Renton(hereinafter called"the City")is a municipal corporation and a city of the second class in King County,Washington;the City owns, maintains and operates the above mentioned Renton Airport and has acquired the assets of the Waterway District as aforesaid. 4. The Boeing Airplane Company(hereinafter called"Boeing") is a Delaware corporation engaged in the manufacture, sale and service of aircraft and other products, and operates an aircraft manufacturing plant located in the City; in connection with its business of manufacturing and servicing aircraft, Boeing leases certain portions of the Renton Airport from the City under a lease executed June 1, 1965, and terminating May 31, 2010;in order to augment its aircraft manufacturing and servicing facilities: Boeing bid at the public auction above mentioned for the school property, and having been the successful bidder,has acquired title to the school property; one of the conditions under which Boeing purchased the school property is that Boeing have assurance that it may, at its option,use a bridge across the waterway so as to provide means for the movement of aircraft and vehicles between the school property and the Renton Airport. 5. Boeing has applied to the Office of the District Engineer, U.S. Army,for the Seattle District(hereinafter called"the District Engineer")for Department of the Army approval of the proposed plans and location of said bridge;the District Engineer has set forth said proposed plans and location by Public Notice No. P-56-20, dated May 4, 1956;the District Engineer has advised Boeing and the City that the District Engineer has under study a flood control program for Cedar River which may require the removal, relocation or alteration of such bridge. �✓' 'too 6. Said bridge has been constructed and is currently utilized by Boeing for the movement of aircraft. WHEREFORE,the City does hereby grant to Boeing, subject to the following conditions, a permit to maintain and use a bridge across the channel of the Cedar River Waterway between the school property and the Renton Airport. CONDITIONS 1. In time of emergency,the City shall be entitled to the use of and access to the bridge by police, fire and other emergency vehicles from the access roads along both banks of the channel; access at all times along the east bank of the channel is reserved to the City for the purpose of dredging and maintenance. 2. Boeing hereby agrees and covenants to indemnify and hold harmless the City from and against any and all claims, damages, liability, loss,judgments, or expense, including the reasonable fees and disbursements of the City's attorneys ("Claims")for death of or injury to any person or loss of or damage to any property (including the City's property) arising out of the Permit herein granted or any acts or deeds or omissions done or performed by Boeing, its agents, invitees, successors and assigns in connection with the construction,maintenance, operation or use by any of them of such bridge,provided however,that the foregoing agreement is not intended to apply to any Claim or Claims to the extent that they arise out of any acts or deeds or omissions done or performed by the City,its agents, invitees, successors and assigns. In the event that the City is made a party to any suit or litigation with respect to which Boeing is to indemnify or hold harmless the City hereunder,then Boeing shall promptly assume the defense of any such action, at its sole cost and expense, and will hold the City harmless from any cost pertaining thereto,provided that the City shall (1)notify Boeing of any such matter giving rise to such obligations as soon as possible; and (2) shall fully cooperate with Boeing in connection with the defense or settlement of such action.. If Boeing and/or the City shall be required to remove, alter or relocate such bridge and/or its approaches in order to conform to the rules,regulations, and requirements of the State or Federal government,or agencies,the same shall be at Boeing's expense, and the foregoing indemnity and hold harmless agreement shall apply to any loss, liabilities or expense of the City arising out of the requirements and obligations so imposed by any such governmental authority. 3. The initial term of this Permit shall commence on--------and shall end on May 31, 2010, provided that this Permit shall be automatically renewed and/or extended effective upon the renewal and/or extension of the lease by Boeing of property at Renton Airport(or any portion of such property) and during the term of any agreement for the use of any portion of the Renton Airport by Boeing, and provided further that this Permit may be renewed and/or extended at the request of Boeing in other circumstances with the consent of the City,which the City will not unreasonably withhold. Upon the expiration of this Permit, as herein provided,title to the bridge, its approaches and any and all improvements thereto shall pass to the CITY, and no further obligations of the parties shall thereafter arise hereunder, except such as have already been incurred at such time. Upon any such change in ownership as herein provided for,THE BOEING COMPANY shall execute and deliver unto the CITY any and all documents reasonably necessary i *Sao, r to evidence such vesting of title.While said bridge project is under the control and ownership of The Boeing Company as hereinabove set forth, latter shall have the right to erect,post and maintain proper signs, fences and other lawful measures to prevent the use and/or occupancy of said Bridge by members of the general public. 4. This permit incorporates all jointly executed amendments that may exist to the bridge permit. Dated at Renton, King County,Washington this (New Date). D QCT BRIDGE PERMIT THIS PERMIT is issued by the CITY OF RENTON unto THE BOEING COMPANY to establish the benefits and responsibilities of the respective parties in regard to the continued operation and use of the bridge at and near the mouth of the Cedar River, subject to the terms and conditions hereinafter set forth. 1. THE BOEING COMPANY is engaged in the manufacture, sale and service of miscellaneous aircraft and other products and operates a plant located in the City of Renton; in connection with its business of manufacturing and servicing aircraft, BOEING also leases certain portions of the Renton Municipal Airport from the CITY under a certain lease agreement initially executed on or about June 1, 1965,together with options to extend said lease under certain terms and conditions. BOEING has now made application to the CITY OF RENTON for a permit to continue to utilize the bridge at the mouth of the Cedar River in order to provide means of accommodating Boeing aircraft. 2. In time of any emergency,the City shall be entitled to the use of and access to such bridge by police, fire and other emergency vehicles and likewise have access for the purpose of dredging or similar purposes. 3. THE BOEING COMPANY hereby agrees and covenants to indemnify and hold the City harmless from and against any and all claims, damages, liability,loss,judgments, or expense, including the reasonable fees and disbursements of the CITY'S attorneys ("Claims")for death of or injury to any person or loss of or damage to any property(including the CITY'S property) arising out of the Permit herein granted or any acts or deeds or omissions done or performed by THE BOEING COMPANY,its agents, invitees, successors and assigns in connection with the construction, maintenance, operation or use by any of them of such bridge,provided however,that the foregoing agreement is not intended to apply to any Claim or Claims to the extent that they arise out of any acts or deeds or omissions done or performed by the CITY, its agents, invitees, successors and assigns. In the event that the CITY is made a party to any suit or litigation with respect to which THE BOEING COMPANY is to indemnify or hold harmless the CITY hereunder,then THE BOEING COMPANY shall promptly assume the defense of any such action, at its sole cost and expense,and will hold the CITY harmless from any cost pertaining thereto, provided that the CITY shall (1)notify THE BOEING COMPANY of any such matter giving rise to such obligation as soon as possible,and(2)shall fully cooperate with THE BOEING COMPANY in connection with the defense or settlement of such action. 4. The initial term of this Permit shall commence on-----------and shall end on May 31, 2010,provided that this Permit shall be automatically renewed and/or extended effective upon the renewal and/or extension of the lease by THE BOEING COMPANY of property at Renton Airport (or any portion of such property) and during the term of any agreement for the use of any portion of the Renton Airport by THE BOEING COMPANY,and provided further that this Permit may be renewed and/or extended at the request of THE BOEING COMPANY in other circumstances 'ar/ with the consent of the CITY,which the CITY will not unreasonably withhold. Upon the expiration of this Permit, as herein provided,title to the bridge, its approaches and any and all improvements thereto shall pass to the CITY,and no further obligations of the parties shall thereafter arise hereunder, except such as have already been incurred at such time. Upon any such change in ownership as herein provided for,THE BOEING COMPANY shall execute and deliver unto the CITY any and all documents reasonably necessary to evidence such vesting of title. While said bridge project is under the control and ownership of THE BOEING COMPANY as hereinabove set forth, latter shall have the right to erect,post and maintain proper signs, fences and other lawful measures to prevent the use and/or occupancy of said Bridge by members of the general public. 5. This Permit incorporates all jointly executed amendments to the bridge permit, including but not limited to Amendment PAG-69-1546,the Trail Area Amendment. Dated at Renton, King County, Washington this (new date). 1%001 *400 CITY OF RENTON CITY CLERK'S OFFICE MEMORANDUM DATE: November 13, 1996 TO: Gregg Zimmerman FROM: Michele Neumann x2581 SUBJECT: Boeing North and South Bridge Permits As requested in your memorandum, the attached documents have been signed by City officials and are being returned to you for execution by other parties. When fully executed and returned to you, please return signed copies of the documents to the Clerk's office for our permanent record file. Thank you. Enclosures: (4) CITV 'OF RENTON Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren a ! i MEMORANDUM OirT 2 8 19190 t.,aS„X14 �-�:_;E, t•1 ; 0,1"r 'i�(� To: Gregg Zimmerman PJr LIrG i4V,')RKS A'irr1 ?,. From: Lawrence J. Warren, City Attorney Date: October 23, 1996 Subject: Boeing North and South Bridge Permits I have reviewed the above-referenced documents and the same are approved as to legal form. Lawrence J. Warren LJW:as. cc: Jay Covington A8:127.56. CITY OF RENTON NOV 121996 CITY C RECEVED ERKI S OFFICE Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (206)255-8678 ®This paper contains 50%recycled material,20%post consumer