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Home My WebLink AboutA 20001011999999 �� r ' , � •L � • � � �--� � O � Return To: �� City Clerk's Office � City of Renton � 1055 South Grady Way o Renton, WA 98055-3232 `" TEMPORARY LICENSE AGREEMENT b a� � � �, THIS TEMPORARY LICENSE AGREEMENT (this "Agreement") is entered into this ,� !l.2it, day of d�;�� , 2000, by U S WEST Communications, Inc., a � Colorado corporation ("Owner"), and the City of Renton, a municipal corporation (the � "Licensee"). i � For good and valuable consideration, the receipt and sufficiency of which is hereby ' oacknowledged by Owner, Owner hereby grants to Licensee a temporary license ("License") on, ,I � through, over and along a certain portion of Owner's land (the "Property"), which parcel is , � described in the attached Exhibit A (the "Licensed Premises"), for purposes of public ingress ' o and egress (the "Use") during the construction a parking garage and related facilities (the � � "Construction") affecting Licensee's property, which is adjacent to the Property. .. � The term of the License granted under this Agreement shall commence as of the date of ��! � this Agreement and shall continue until the earlier of the following: (a) 30 days after completion � of the Construction; or (b) one year from the date of this Agreement. After such expiration, this � � Agreement shall be of no further force and effect, except those provisions which specifically o survive expiration or other termination, as provided herein. However, if at any time during the � term of this License, Licensee fails to fulfill any of its obligations hereunder, and such failure continues for five days after notice of such failure is given to Licensee by Owner, or, if such failure is a type that cannot be cured within five days and Licensee fails to commence to cure such failure within such five-day period and diligently prosecute the same to completion, then Owner may terminate this License with 24-hours' notice to Licensee. Licerisee shall ensure the Use of the Licensed Premises is (a) in a safe and orderly manner; (b) in a manner that meets all local, state, and federal laws; (c) in a manner which does not interFere in any way with the use of existing structures, roads, or other improvements of Owner that are necessary to the use of the operational portion of the Property; (d) completely within the Licensed Premises; and (e) at Licensee's sole cost and expense. , Owner warrants that no new building, structure, or other above-ground or below-ground �'� obstruction that may interfere with the purpose for which this License is granted will be placed, II erected, or installed upon the Licensed Premises during the term of this Agreement. However, , Owner does not waive any right to use or enjoy the Licensed Premises, but during the term of this Agreement, Owner shall use the Licensed Premises subject to the rights granted to Licensee pursuant to the License granted herein. TTC/U120-158 U120-158 TEMPORARY LICENSE.DOC I ,- �_ _ _ . , '' � . . :;, . .. , � ' ' , • '• • � . . ' � Licensee shall use the Licensed Premises for no purpose other than the Use. Licensee shall be responsible for all injuries and damages to persons or property arising from Licensee's use of the Licensed Premises or any acts or omissions of Licensee, its contractors, agents or employees. Licensee hereby covenants that any and all work performed by Licensee in connection with this Agreement shall be done with care, and any of the surface, curbs, driveways, gutters, and other improvements or landscaping on or abutting the Property or Licensed Premises that are damaged or disturbed during the use of this License shall be promptly restored at Licensee's expense. In effecting any such restoration. of the Licensed Premises, including existing improvements and/or landscaping, any restoration of said _ improvements shall be of the same quality of construction and materials used by Owner for the original construction. Subject to any statutory limits on liability or governmental immunity granted to Licensee, Licensee shall be liable and responsible for any and all claims, actions, causes of action, suits, damages, losses, costs, or expenses, which arise out of or in connection with the License granted herein, except to the extent the same is attributable to the gross negligence or willful misconduct of Owner, its employees, or agents. � Except to the extent caused by the gross negligence or willful misconduct of Owner, Licensee releases, waives, and discharges Owner from all liability to Licensee for any and aIF- loss or damages arising out of or in connection with the License granted herein. Licensee shall maintain comprehensive general liability insurance covering its obligations to Owner under this License with liability limits and coverage satisfactory to Owner. A certificate of insurance evidencing such coverage shall be provided to Owner prior to any entrance by Licensee or its emPloyees, agents or contractors onto the Licensed Premises. Licensee may satisfy such obligations through a program of self-insurance. Licensee hereby waives its right to assess Owner for reimbursement or otherwise of any cost or expense incurred by Licensee to restore or repair the condition of the Property or the I Licensed Premises for damage resulting from the Use. , Licensee's obligations set forth herein shall survive the expiration or earlier termination of the License ranted herein. 9 This instrument contains the entire agreement of the parties concerning the subject hereof. There are no other or different agreements or understandings concerning the subject ' hereof between Owner and Licensee or their agents. ' � TTC/U120-158 2 U120-158 TEMPORARY UCENSE.DOC ', � � � r. ,. • , • . ' , • ' , , � •�1 .. Owner and Licensee have executed this Agreement as of the date first written above. OWNER: LICENSEE: U S WEST Communications, Inc., Cit of Renton, Y a Colorado corporation a municipal corporation By � By Name �A✓c� Do rc/Icf/L- N Jesse Tanner Title fZ.s M��- 2 Mayor Approved as to Form By Counsel to Owner: � Fish , weetba m & Levin, P.C. B �/ Y Date � 1� TTC/U120-158 3 U120-158 TEMPORARY LICENSE.DOC ' . . ��. �, ' • , . , , • , � . . , r -� rt On t ' �day of , 2000, before me ersonally appeared—��,l,�G�� -7�' t me known to be the � � of the cor oration that executed the within and foregoing instrument, and a knowledged the � said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and an oath stated that -- he w� authorized to execute said instrument. ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. � ��.��t' _=��. Vq�� ,�,' � -kQ� _ �'sioN�� I�- ' i,�- l , � "�e'�. ��i _r :o`� a��i� '�; ; Printed Name: < , '� ,'"�".' � : � Notary Public in an for the s �e of � s��-:, '�Q�•A,�,;� ; Washington, residing at ',� �'q��„�;�,.�•=� � My appointment expires: l�/��, �/D3 �'�, �R W A5r'` �' �`��...�`� . On this // .�G da of ��%�� , 2000, before me personally appeared to me known to be the `-?I?.d.�r2 -- of t City of Renton that executed the within and foregoing i�(strument, and acknowledged the said instrument to be the free and voluntary act and deed of said city for the uses and purposes therein mentioned, and an oath stated that= he ww2 .authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunfo set my hand and affixed my official seal the day and year first above written. � � - Printed Name:i(i1�/l�ll�(/ J��l'P�SE� � Nota Public in and for th t � . ry s ate of . Washington, residing at v _ . � � My appointment expires: �D-�'� D� " TTC/U120-158 4 U120-158 TEMPORARY LICENSE.DOC , ' .�.' � `; . , , *. ,. / . . , 4 ' . ,�i,... . ,r{ a=. �;`FS .6.sF wt �'..� q',£ �`i.7` :flel�� .� i1 ' 4i yt�^1',w' _�'�;•;�4,;;,: •• r 6 4� *��h�fiµ ��t�n !: ��>; �.`�''�v'yuCM R)' ,i ��p �� , � FerP�''M'��• 0.�t • ..ry. r� C, }� . fl�, �.J,�.yv j." �� i ,1 ;�` ��x ''� ..., „ ��'a�s�``��::3�s`�,�`i r .,,,r,.. 1 t f, 1 f - , •� , n,3 � �.,.; ,. '- � F' :1_ t' . . ^n ` � , ! . � -- ' � ._ • � �i . ' i� / , .` •�.�w'' ' , , , � . � ' . '�� , , , , EXHIBIT A ' Legal Description of the Property The west 10 feet of Lots 14 through 17, all in block 25, Town of Renton, according to the piat �thereof recorded in Volume 1 of Plats, page 135, records of King County, Washington. Situated in Section 18, Township 23 North, Range 5 East, W.M. TTCIU120-158 l4-� U120-158 TEMPORARY LICENSE.DOC