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HomeMy WebLinkAboutPermit � W 1�EN FECnRDED RETURN TO: �„f � +�ffice of thi•city derk . � �qSriN� , :i�..`iz=_, ,ri�5 �.�T Renton�;ir,;�ipal I3uilding PAG-93-005 200 Rlill,'1:cnue South # 0 Renton,WA 98u55 ��~ � . � w i ""---__..__.�:__- � ' n-Ed: ( R(\ ^J 1'°S � . I � �� �t}� :�� � �,r+ ( .. _��-i�vr'�ivT o � �a r- .icuiiic,�'.�"�o-cc i� . �.-- � - � % ao t ' �1lll.11llVll. L�'1LL11 � , � . � Q r � � S ' F � H . � AGREEMENT AND LICENSE " C7 FOR `-' z � EXTENSION OF BOEING � s DOMESTIC WATER AND COMPRESSED AIR SUPPLY LINES � � � � � � THIS AGREEMENT is made this�.' day of,�►re—s.. , 19�!"�between The City of � � Renton, a municipal corporation, ("Grantor" herein) and The Boeing Company by and through its division, Boeing Commercial Airplane Group, ("Grantee" herein). w �. G O Recitals � � � ;� I. Grantee desires to construct and maintain a four inch diameter domestic water supply c0 line and a six inch diameter compressed air line extension for the purpose of providin� � domestic water and compressed air services to Apron D at the Renton Municipal Airport. C� �O II. Grantee has agreed to undertake such construction and maintenance subject to �r Grantor granting licenses for purposes of such construction and maintenance. � III. Grantor and Grantee desire to enter into this a�reement setting forth their respective obligations and rights regarding such license. Asreements In consideration of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, Grantor hereby grants to Grantee the following licenses: A. A license across, alonj, in, upon, and under that portion of the Grantor's property ten (10) feet wide running north south across North 6th Street's sixty (60) foot right-of-way between Logan Avenue and North Riverside Drive. The centerline of the above mention portion of property is located approximately ei�ht hundred and eight (808) feet west of the intersection centerl'ine of North 6th Street and Logan Avenue. Such license shall be for the purpose of installin�, constructing, operating, maintaining, removing, repairing, replacing, and usin� the water supply line and compressed air line extensions (the "Extensions"), together with the right of ingress to and egress from said property. The terms "license" and "license area" in this instrument refer to the licenses granted with respect to the portion of property depicted above and as shown on Exhib�t A. - 1 - ' �ss�ca « This license is granted subject to and conditioned upon the following terms, conditions and covenants which Grantee hereby promises to faithfully and fully observe and perform. 1. Costs of Construction and Maintenance. Grantee shall bear and promptly pay all costs and expenses of construction, maintenance and repair of the Extensions located in the license area depicted on Exhibit A. 2. Snecifications. Grantee shall construct the Extensions in accorciance with the specifications for the Project set forth in the Plan Specifications. 3. Annroval of Plans. Prior to any construction, alteration, replacement or removal of the Extensions, a notification and plans for the same shall be submitted in writing to Grantor by Grantee and no such work by Grantee shall be commenced without Grantor's prior written approval of the plans therefor, which approval shall not be unreasonably withheld or delayed; PROVIDED, HOWEVER, that in the event of an emergency requiring immediate action by Grantee for the protection of its facilities or other persons or property, Grantee may take such action upon such notice to Grantor as is reasonable under the circumstances. Grantor has approved the plans and specifications set forth in Grantee's above-mentioned technical Specifications. 4. Coordination of Activities. Grantee shall coordinate the dates of its construction and GO other major activities on Grantor's property with Public Works Field Maintenance Department, � or such other employee of Grantor as Grantor may from time to time desijnate, and Grantor 0 shall make the license area readily accessible to Grantee, and free from obstructions and other Ouses that may interfere with construction of the Extensions or its use thereafter; PROVIDED, � HOWEVER, that in the event of an emergency requiring immediate action by Grantee for the 0 protection of its facilities or other persons or property, Grantee may take such action upon � such notice to Grantor as is reasonable under the circumstances. � 5. Work Standards. Upon completion of construction of the portion of the Extensions on Grantor's property, and upon completion of any subsequent work performed by Grantee on Grantor's property, Grantee shall remove all debris and restore the surface of the property as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property corner monuments, survey reference or hubs which were disturbed or destroyed during construction. 6. Access bv Grantee Durin� Construction. Grantor shall make provisions for continued access by Grantee along, over, under, and across North 6th Street during periods in which Grantee is conducting construction. During construction, Grantee shall endeavor to minimize interference with the free passage of traffic along North 6th Street; PROVIDED, HOWEVER, that Grantee may divert traffic as needed to accomplish construction. Grantee shall submit to Grantor for approval a written plan for diversion of traffic, such approval shall be granted within seven (7) days of receipt of such plan and shall not be unreasonably withheld. - 2 - �xs[.ea 7. Grantee's Use and Activities. Grantee shall at all times conduct its activities on Grantor's property so as not to unreasonably interfere with, obstruct or endanger Grantor's operations or facilities. 8. Use of the License Area bv Grantor. Grantee has been advised and is aware that Grantor is using or intends to use the property subject to this Agreement for the purpose of public rioht-of-way. � 9. Interference With Grantor's Future Facilities. In the event Grantor desires to construct facilities relating to Grantor's operations on or in the vicinity of the license area depicted on Exhibit A hereto, and the Extensions substantially interferes with such proposed facilities or construction thereof, Grantor shall provide Grantee with sixty (60) days' advance written notice of its intention to undertake such construction. Grantor shall provide Grantee with such temporary construction rights and additional license rights to the license area and Grantor's surrounding property as are required to accommodate relocation and alteration of the Extensions. 10. Hold Harmless. Grantee shall defend, indemnify and hold harmless Grantor, from and against all actions, causes of action, liabilities, claims, suits,judgments, liens, awards and damages, of any kind and nature whatsoever (hereinafter referred to as "Claims"), for property � damage, personal injury or death and expenses, costs of litigation and counsel fees related � thereto, or incident to establishing the right to indemniiication, in any way related to the Q Agreement, the performance thereof by Grantee or its subcontractors, including without Olimitation the provision of services, personnel, facilities, equipment, support supervision or � review, to the extent such Claims arise out of any negligent act or omission of Grantee or its � subcontractor. .;�" , � This indemnity will be applicable to a claim only if Grantor: (i) notifies Grantee of the claim or liability in writing within such time as to permit Grantee to protect its interests; (ii) permits Grantee to defend or settle against the claim or liability; and (iii) cooperates with Grantee in any defense of settlement against the claim or liability. 1 1. Commercial General Liabilitv Insurance. Throughout the period of performance of this Agreement, Grantee shall carry and maintain, and shall ensure that its subcontractors carry and maintain, Commercial General Liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, inciuding death, damage or, alternatively, One Million Dollars ($1,000,000) per occurrence single limit for bodily injury and ' property damage combined. Such insurance shall be in a form and with insurers reasonably acceptable to Grantor, and shall contain coverage for all premises and operations, bro.ad form , property dama�e and contractual liability (including without limitation, that specifically - 3 - 785LGR assumed herein). Any policy which provides the insurance required under this Paragraph 11 shall name Grantor as additional insureds to the extent of the contractual obligation set forth in Paragraph 10 above. 12. Workers' Comnensation. Throughout the period of performance of this Agreement, Grantee shall cover or maintain insurance, and shall ensure that its subcontractors cover or maintain insurance, i�:, accordance with the applicable laws relating to workers' compensation, with respect to all of their respective employees working on or about the license area, regardless of whether such coverage or insurance is mandatory or merely elective under the law. Grantee shall also carry and maintain, and ensure that its subcontractors carry and maintain, Employers Liability coverage with limits of not less than One Million Dollars ($1,000,000) per accident. 13. Certificates of Insurance. Prior to the commencement of the work, Grantee shall provide for Grantor's review and approval certificates of insurance reflecting full compliance with the requirements set forth in Paragraphs 11 and 12 above. Such certificates shall be kept �current and in compliance throughout the term of the Agreement and shall provide for thirty � (30) days advance written notice to Grantor in the event of cancellation. ;A � 14. Termination of License. Either party may, upon 6 months advance written notice, � terminate the license; PROVIDED, HOWEVER, that no termination may occur by Grantor C� during the initial two year period commencing on the date of this Aareement. O � 15. Removal of Extensions on Termination. Upon any termination of this Agreement, Grantee shall, on or before the effective date of termination, remove the Extensions from the license area and restore the ground of such area to the condition now existing, or, in the alternative, take such other mutually agreeable measures to minimize the impact of the Extensions on the license area depicted on Exhibit A. Such work, removal and restoration shall be done at the sole cost and expense of Grantee and in a manner reasonably satisfactory to Grantor. 16. Notices. Notices required to be in writing under this Agreement shall be given as follows: If to Grantor: The City of Renton Planning/Building/Public Works Department 200 Mill Avenue South Renton, Washington 98055 Attn: Administrator � If to Grantee: The Boein Com an III g P Y , P.O. Box 3707, NI/S 63-01 ' Seattle, Washington 98124-2207 Attn: Director of Facilities Renton Division - 4 - 785LBR Notices shall be deemed effective, if mailed, upon the second business day following deposit thereof in the United States mails, postage prepaid, certified or registered mail, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 17. Assi�nment. Neither Grant�r nor Grantee shall assign its rights, privileges, obli�ations or liabilities hereunder without the prior written consent of the other party which consent shall not be unreasonably withheld or delayed; PROVIDED, THAT, Grantee may assign its rights, privileges, obligations and liabilities hereunder to its divisions and subsidiaries without the prior consent of Grantor. , 18. Successors. Subject to the preceding paragraph, the rights and obligations of the , parties shall inure to the benefit of and be binding upon their respective successors and assigns. � 19. Citv Reauirements. This Agreement 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 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 Agreement except those specifically prescribed herein, and any � such privilege claimed under this Agreement by the Grantee in the described franchise area p under Exhibit A shall be subordinate to any prior lawful occupancy of the street or any C� subsequent improvement or installation therein. n � EXECUTED as of the date hereinabove set forth. The City of Renton The Boeing Company through its division, Boeing Commercial Airplane Group � By: , Earl Clymer ,J� Title: Mayor ttle: ATTEST./ � J.J. Nelson rlarilyn J�P�ersen, City Clerk Director, Faeilities and Serviees Boeing Commercial Airpiane Group - 5 - 7RSLER STATE OF WASHINGTON ) ) ss. COUNTY OF ��_ ) I certify that I know or have satisfactory evidence that �i�� C�.uMQr-signed this instrument, on oath stated that ke, was authorized to execute the instrument and acknowledged it as the ��,oa of �cx�-e�.to be the free and volunt:.�- act of such party for the uses and purposes mentioned in the instrument. DATED S I 17 I� . ������d NO�PUBLIC in and f he State of Washington, residing at ��2�� My Appointment Expires: �� a9 s-' C+D � O STATE OF WASHINGTON ) ) ss. � COUNTY OF ) � � 0 I certify that I know r have satisfactory evidence that • • igned this instrument, � � on oa�ate that was authorized to execute the instrument and acknowledged it as the • of ��1 be the free and voluntary act of such party for the uses and purposes mentione in t e instrument. DATED 3 3 � Y P in and for the State � of Washington, residing at My Appointment Expires: - 6 - 7RSLGR E�iIBIT A Drawing showing License Areas GD � �A � � 0 � 0 � � - � - 735LGR I i " � � 1 �^ �—..... ......` � � � � � � �V. l�1e ZSIp'�" _+�j !4 � � � �f l� 'DIR/r�", .,,, —' ` -� � f� -- ,� � �' �-- � -�� — ; � ....�.� �� ;�� � �., .,� y ...J . � � ' ` � � � � � � at � � � I�) �EtE '"d � � � ,� � � j �� � � 2EA � � 'a'j �„�� Q��"" '_' ,� 1 'r' j ! ' �oQ ' �....�,...,�...��...�.....L � � �� ����'�� z�.}.a } t � j � ,� ' . i � ttL , �� I � tt � . � / . - � ! ! ! = . SEE SNT C15 Ft . u' j �' � • . ' � , '� ;,- " 11 � 1 �i K � � ; �J P!PE PR(?�'!L� 'n.�o �;�. . . . � ` .. " 1 �. � � s N i .�,,, !.{�:I NG WEST r � � �1 K t � hPRON � � N, t '""'. P� i � • FENCE L!NK�- :�.�.�1.�I.�.,.� � " � � 1 x4' 0. 1 . TEE 1 I �... ,, i � i � !I 1I fi �r 1 ! � caac. � a� � �� �+ -�LLER} GAl'E . r 1 � �,,,CtJf�g ��� •. � ! i ! ( j r ( 11 � Lj , --� . � �4 GATE VAL,VE. —�� `�' i i E� 1 � {t _ i A�-2380--16 Wf � j MtlEL�ER TYPE _' 11 � •� �� 1 � -i------- t 80X (FLx�iJ) � � A-2384-2Q W/ � � �r� ! � } ��lf��Stt.EEV� 1 � � YAI.Y�� BQX �MJxM �' ! .�'�,,•- � � � � � , !5', 3t�' . 2�� � I �I � "'� � � �j � � � � ; : - - � �i m� .i it ``��,..- . , . -��__----- - _�, . . , .. � �--� , ;� i r,c� .... .,..� � i � � i FUTtJRE i � � i N i •� 1 r t � � .� ! i � /'t : ' } � � � . i � $LOG � � i i� . ..._ ' ►PE (MJ � ! � t �-�.-�- � S I � f 1 ! h � %4" R J S E R, , ��1 LF � . -�---8 F t' . �T'�-`-j`1-��t-�� �� � .�S�E t�ETA 1 - � f }2" I i � � t � � � � 1 �` ' �r=�---=--�� ' r , i � ► , � �r I �,-,�--�-,�" ,� r � � � , � t � , � ;,�� �� . , I � � � � li �+„ i � K j , - - � � �. � r r �.tr� � . �� � i / f� �� � � ' �� 1 f t �- -/,``��i 1 ! � # � I f �.,.�.....�.�-�-��..� ', , � ,/ � GQNC�i � j 1 I� j 3 �i � � �l _--j ', � '�� t ���� ---�Z� !G--�•� � j � �"� t � ' i a,a � fi � ! I � � c`�n �� � � +��. � i 1 f'' � r� � i ---� � � f .�,,r �--- ��,,._.,.a�/f � /r u t� � � .�.-,� _ �' � � I v� °� ./ `:.f'ACW j�1t�G� ASPMAl.T � ;,.{�. ��`� �e� � i � II r ��'�' � j� 1 � �i K I � 1 � '� . .' �� � �' � � � � '� i � '� . t,—�' � ft � � / I ` f 1� T I � � � 1 ' 1 . / � . . ' I � I � ^ � � �t'bRT�c�J C�F 5�. �/�F c�;- . � 7 ' < � ������.:�a 7� iw� . �.3 N ; �f�c � �, VJ�M, � � a � �,- � � � , I �' TAKEN FROM: �h1 �iU£� l{?Ut,��i;, �A`�11 � � ! °� Plan sheet C6, Water 1 X, � Systems Improvements Pro�ect, � 60 � Harria Group Inc. contract � ` �91-1333, Hoeing �ob �35Q813 , � � • dated June 4 , ].992. � � . . � � � . . ♦ . I;I '�. NOTE: � .� -�.. "� � L Pipeline extensions in the easement shall be taped traced, � � �r/�A/ ��+� - The excavation will be backfilled �"� wi�.h �antrol Density Fill before � � � � � � � 6L ��� paving.