HomeMy WebLinkAboutPermit *NW """ PAG-93-006
City of Renton
MASTER STREET USE PERMIT
Section l: There is hereby given and granted onto Electric Lightwave, Inc., a
Delaware Corporation, its successors and assigns for a period of 15 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 (System), for the telecommunications
under, along, over, 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 public rights-of-ways, public thoroughfares, sidewalks, and utility easements 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
rights-of-ways and thoroughfares and other public properties of every type and description.
Electric Lightwave, 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 trafi c 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 Government agency acting in a
Government 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 the System required to be temporarily disconnected or removed.
Section 3: All construction, and installation of work whenever same crosses any
of the public properties shall be done under the supervision of the duly authorized
representative of the Planning/Building/Public Works Administrator, and Grantee shall timely
submit onto the Public Works Administrator, prior to any such work, detailed plans and
specifications of any such proposed work. The location of any Permit on public property in a
street, Municipal Airport, or other public area shall be subject to approval of the Public Works
Administrator 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 Administrator of Public
Works of the City of Renton.
Section 5: All components of the System and other components of any
communication line, 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 industry standards and applicable ordinances.
Permanent Records: The Grantee shall at all times keep full and complete plans,
profiles and records showing the location, installed depth and size of all its installations and
systems heretofore laid in the City and hereafter installed. Such plans and records shall be
kept current by the Grantee. As-built plans and records shall be available to the City at all
times upon request.
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
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February 4, 1993
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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. The Grantee shall avoid the use of major arterials and recently
constructed or paved overlayed streets as much as possible. Specific route alignments are
subject to approval by the City via the construction permitting process. Where commercially
practical and when not in conflict with the City code, the Grantee may attach its cable to
existing utility poles subject to agreement with pole owners and the City's variance procedure
from undergrounding electrical and communication systems. All components of the System
constructed and installed by the Grantee underground within the City of Renton shall be
located in approved locations, 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.
Grantee shall establish and maintain at all times adequate facilities on the portion of
each of the Systems installed under the authority of this Permit, and elsewhere on the System,
to promptly localize operating troubles and to minimize the effects thereof, whether on City
streets or on their use by the public.
Approved traffic control plans shall be utilized for each installation when working in
the public right-of-way.
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 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 all or any portion of
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CITY OF RENTON
February 4, 1993
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the System, 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. In case of damage by the Grantee
to said streets, avenues, roads, alleys, lanes, public places and ways, to the pavement,
turnouts, gutters, ditches, walks, poles, pipes, plantings, rail, bridges, trestles, wharves or
landings, and/or other appurtances and improvements, the Grantee shall immediately repair all
damage at its sole cost and expense. 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 Administrator 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 to a
condition equal or better than the original condition 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 reasons of any such damage or injury,
City shall 9(i) cause written notice thereof to be given unto Grantee and (ii) give all reasonably
requested assistance in defense or settlement of such claim at Grantees expense, and (iii) grant
the right to control the defense or settlement of such claims.
INSURANCE: The Grantee shall submit to the City Clerk evidence that it has in full
force and effect and shall keep in full force and effect during the life of the Permit, public
liability insurance naming City of Renton as additional insured with coverage not less than
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CITY OF RENTON
February 4, 1993
$1,000,000 per person, $5,000,000 per accident, and property damage liability of not less than
$500,000.
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 System 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 the Grantee, whenever the Grantee fails to
comply with any of the material terms and conditions hereof. Upon forfeiture the City shall
have the right to require the Grantee to remove any and all of its System within the City of
Renton, all at the 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 the
System 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 System
provided, however, that Grantee shall be given two working days written notice of any such
blasting, grading, or excavating so that Grantee may take proper steps to protect its
communication line and facilities.
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
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CITY OF RENTON
February 4, 1993
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 its facilities, other than any the City may permit to be
temporarily or permanently abandoned.
OWNERSHIP TRANSFER: This master street use permit may not be assigned to a
successor or assigns without the prior written consent of the City Council of the City of
Renton.
Section 14: The Grantee shall, within ten days after the award of this Permit, file
with the City of Renton Planning/Building/Public Works Department at all times thereafter
maintain in full force and effect an acceptable security device or escrow account in duplicate
effective for the entire term of this Permit, and conditions 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
recovered jointly and severally from the principal and surety of such security device or escrow
account 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 herein above
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CITY OF RENTON
February 4, 1993
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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 Grantee has liquidated all of its obligations
within the City of Renton or may have arisen from the acceptance of such Permit by the
Grantee or from its exercise of any such privilege herein granted. The security device or
escrow account initially filed in accordance with the requirement of this Section shall be in the
amount of Thirteen Thousand Dollars ($13,000.00). In the event of substantial change in
volume of street space occupied by Permit properties, the City may permit or may require a
corresponding change in the amount of such security device or escrow account.
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 System expansion, as contemplated in Section 1 hereof, in
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.
Section 16: With this permit, the Grantee shall pay unto the City of Renton
administrative cost of Ten Thousand Dollars ($10,000) for the first year and shall pay
administrative expenses as incurred by the City annually but not less than $1,500.00 thereafter
on January of each year. In addition a permit fee for each individual project shall be imposed
for plan review and inspection cost recovery.
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CITY OF RENTON
February 4, 1993
CITY OF RENTON
BY: & DATE 3.
E 1 Clymer, Mayo
ATTEST: DATE: --�
Marilyn J. Pete en, City Clerk
APPROVED TO FORM:
TE: , • °3
City Attorney
ACCEPTED BY GRANTEE, Electric Lightwave, Inc., this L day of
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CITY Of RENTON
February 4, 1993
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