HomeMy WebLinkAboutPermit PAG-96-006
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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:
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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
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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.
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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.
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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
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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
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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
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