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HomeMy WebLinkAboutSP-Exceptions 070_9712121176S • s • whY MAi/1M.. rsli.:riu:w:S.RELu:a::; a:.1J:.::.1•Ts-j..:7: L:;: :: cr D19QUALUYTIUS90CLMhT!O[RECORDEVC SECONDARY FIRE ACCESS EASEMENT AGREEMENT This SECONDARY FIRE ACCESS EASEMENT AGREEMENT ('Easement Agreement") is made this /A day of A-c, . rw. 1997 by and between LONGACRES PARK, INC., a Washington corporation ('Grantor') and HUNTER DOUGLAS REAL PROPERTY, INC., a Delaware corporation ("Grantee'). RECITALS A. Grantor, a wholly owned subsidiary of The Boeing Company, represents and warrants that it owns a fee title interest in certain real property located in King County, Washington, and more particularly described on EXHIBIT A attached hereto and incorporated by reference ("Boeing Property"). B. Grantee owns certain real property located is King County, Washington which is adjacent to the Boeing Property and is more particularly described on E)UTIBIT B attached hereto and incorporated by reference ("Hunter Douglas Property"). C. The parties desire to enter into this Easement Agreement to create an easement over the Boeing Property for secondary fire access (the "Easement" and the "Easement Area' ) to benefit the Hunter Douglas Property, and reserving certain rights to Grantor, pursuant to this Agreement, and subject to the terms of a Memorandum of Understanding dated October 30, 1996, between The Boeing Company, Grantor and Winmar Company Inc., Grantee's predecessor in interest, and the terms of Agreement A between those parties dated October 30, 1996. AGREEMENT NOW, THEREFORE, inconsideration of the sum of One Dollar (S 1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: SECONDARY FIRE ACCESS EASESAENT AGREEMENT 103007-0135,SB975290 1 i7H1 MCA 1 l i 2597 za�riFie. • v LA .Y�1 Mrv.�w:FX:..'ti.:..::3.5.^ti'Z4C.lro,CL YC.^.',1T:'SL'� :_•••1�•w. L....a_.no Zoe`....1^.Cnf�M1Y DISQUALIFY THU DMVML'4r FOR RECORDING L Grant of Secondary Fire Access Easement Grantor does hereby convey and quitclaim to Grantee for the benefit of the Hunter Douglas Property a perpetual, nonexclusive easement for secondary fire access which shall, subject to paragraph 3 below, be located widen a designated parking area approximately as shown and identified cn EXHIBIT C ("Secondary Fire Access Easement")_ The Secondary Fire Access Easement shall be twenty (20) feet in width or such width as is required to meet City of Renton requirements and shall be for the sole purpose of providing a second means of entering and exiting the Hunter Douglas Property by fire equipment. The Secondary Fire Access Easement area shall be blocked with appropriate break -away barriers and access shall be restricted for all other uses. 2. Condition of Property and Easement Areas This Secondary Fire Access Easement is granted without representation or warranty as to the physical condition of the Property or the Easement area. The Easement area shall be granted "as is" in its present condition at the time this Secondary Fire Access Easement is delivered. 3. Permits and Mitigation Grantee shall be responsible for obtaining, at its sole cost and expense, all necessary permits and approvals for the Secondary Fire Access Easement and any improvements thereto, including the payment or performance of any mitigation measures. 3.1 Costs of Construction and Maintenance Responsibility for and costs of construction of the Secondary Fire Access Easement and any improvements thereto and for restoration of any disturbed areas and for maintenance of the easement area shall be the sole responsibility of Hunter Douglas, except as to any improvements made by Boeing prior to commencement of construction of the Easement Area by Hunter Douglas. Upon completion of improvements to the Easement Area made or installed by Boeing, Boeing shall be solely responsible for the costs of maintenance. SECO.DARY FIRE AMSS EASE.%IE%7 AGREEMENT t03003 0135,SO973290 1171-1 PAGE 2 11 2"7 • 4 • • M AN': W.—azz. n.::...-..w.'. ^.'M"A D2 `:'..`�:^.:'Z•.'...... ^^CLm.V... �w .� e.`n!c.L•tY ONQUALM THIS DOM7nNr FOR ROCORDIM 31 tsBuilt Survey Within thirty (30) days of the completion of improvements to any of the Easements, Grantee shall, at Grantee's sole cost and expense, provide Grantor with as - built drawings and a survey of improvements constructed or installed. 33 Wont Standards All work to be performed by Grantee on the Boeing Property shall be completed in a good and workmanlike manner free of claims of liens. Upon completion of construction pursuant to this Easement Agreement, Grantee shall remove all debris and restore the surface of the Boeing Property as nearly as possible to the condition in which it was at the commencement of such work, and shall replace any property comer monuments, survey references or hubs which are disturbed or destroyed during construction. 3.6 Notice Grantee shall give Grantor no less than ninety (90) days' written notice of Grantees intent to commence construction. 4. Relocation 4.1 Grantor's Right to Relocate Grantor shall matte reasonable efforts to locate the Secondary Fire Access Easement as provided in EXHIBIT C of this Agreement. However, if necessary in order to accommodate the final location of buildings and infrastructure on the Boeing Property, Grantor may relocate the Secondary Fire Access Easement; provided, that (a) any such relocation shall be performed only after ninety (90) days' notice to Grantee of Grantors intent to undertake the relocation, (b) any such relocation shall not unreasonably reduce or impair the usefulness or function of the Secondary Fire Access Easement, (c) any area to which the Secondary Fire Access Easement is relocated shall be as reasonably close to the original area as practicable. SECONDARY E7RE ACCESS EtSEMENr AGREEMENT PAGE 3 103003-0135 Sa973290 1171.1 • I I/2397 f rl N rl CQ q4 0 M •.{vNTv�RRt�nn\\S, �!amn�cM WYr�gv ITA\ *"WAWT (,MggVWTMF.-AARGFNSMAY DnW ALQY nUS DOCtMVM POR R CORDMG 4.2 Construedon Cost If Grantot"s exercise of its right to relocate the Secondary Fire Access Easement as set forth above requires relocation of previously -constructed right of way or previously installed improvements on the Boeing Property or on the Hunter Douglas Property, Grantor shall construct and install the new right of way and improvements at its sole cost and expense and to the same standard as the previously constructed right of way or utilities being relocated. Pending completion of such construction, Grantor shall continue to provide Secondary Fire Access to the Hunter Douglas Property. 5. Compliance With Laws and Rules Grantee shall at all times exercise its rights herein in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. 6. Restriction on Access by Grantee Grantee shall exercise its rights under this Agreement solely on the areas encompassed by the Secondary Fire Access Easement (the "Easement Area"). Grantee shall exercise its rights under this Easement Agreement so as to minimize, and avoid if reasonably possible, interference with Grantors use of the Easement Area. Grantee shall, at all times, exercise its rights hereunder in a manner so as to prevent bodily harm to persons and damage to property. 7. Grantor Reservations Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted and not inconsistent with the purposes for which it was granted including, without limitation, ingress, egress, utilities, and fire and emergency access; provided, that Grantor shall not construct or maintain any building or other structure on the Easement Area which would interfere with the exercise of the rights herein granted. Grantee shall make provisions satsfactory to Grantor for continued access by Grantor along, over and across the Easement Area during periods in which Grantee is conducting construction or other activities. if an emergency requires immediate action by either party for the protection of its facilities SECONMARY FIRE ACCESS EASEMF3•T AGREEMENT PAGE 4 (oi003-0133 S0973290 117(.1 • 112597 • 0 • twwq!rP ,TFTT tWMA3c RF1TgO( Mt NnTARY'%FAF AFPFA1RM(Xj1MWYTIFSFMARCJ�SVAY DUQUALUT THIS DOCV%L%T FOR RFCORKIM or other persons or property, such party may take such action upon such notice to the other party as is reasonable under the ciratmsumces. 8. Removal of Fill Material 8.1 Grantor will provide to Grantee, p6cr to Grantees right to commence construction, information, as may be available, with respect to known or suspected environmental contamination of the Easement Area. If Grantee encounters, or suspects that it has encountered, any hazardous substances the Easement Area in furtherance of its rights set forth herein, Grantee shall cease all operations and notify Grantor. If the encountered or suspected hazardous substances are not the result of the acts or omissions of Grantee, Grantor shall, at its own expense, and within sixty (60) days, determine if the material is hazardous, as determined by applicable law If the material should prove to be hazardous, then the Grantor shall, at its own expense, remove, dispose of, or otherwise handle such hazardous substances, as necessary, in accordance with applicable law, or reroute the Easement Area, at Grantor's discretion. If hazardous substances are removed, Grantor also shall provide substitute nonhazardous material to replace the removed material for Grantee to use in its operation, if necessary. Grantor shall retain ownership for all disposal of hazardous materials encountered on site. If the encountered or suspected material is not hazardous, Grantee shall proceed with the operations at its own cost. Grantee shall have no recourse against the Grantor for the cost of schedule delays incurred due to the delay in operation, whether the materials are hazardous or non -hazardous, provided that Grantor has acted diligently. 8.2 If the encountered or suspected hazardous substances are the result of the acts or omissions of Grantee, Grantor s characterization of the substances involved and any removal, disposal or other handing costs incurred in connection with the removal, disposal or handling of the hazardous substances will be the responsibility of Grantor, but at Grantee's sole cost and expense, and Grantee shall have no recourse against Grantor for the cost of schedule delays incurred due to the delay in operation. Any environmental mitigation requirements imposed as a result of the exercise of any right or obligation of Grantee hereunder shall be the sole cost and expense of Grantee, but Grantor will conduct any analysis, assessment, and remediation at Grantor's sole cost and expense. SECONDARY FIRE ACCESS EASEMENT AGREEME\T PAGE 3 (03003.0135 SB9732901171.1. 11'2397 Ll 0 I"X3' i::,:..1:-%.:..^.:=Ns C: ..,^_ MWALUN THU DOCUSM- f FOR RDCOROnIC 8.3 Grantor and Grantee, respectively, shall each be responsible for their own negligence in the characterization, removal, disposal or handling of the hazardous substances. 9. Indemnity Grantee agrees to release, indemnify and hold harmless Grantor, The Boeing Company, and their respective directors, officers, employees, agents, servants and representatives from any and all actions, liabilities, demands, claims, suits, judgments, liens, awards, and damages of any kind or character whatsoever (hereinafter referred to as "Claitas"), including Claims for death or injury to employees of Grantee, costs, expenses and reasonable attorneys fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly from, on account of, or in connection wide Grantee's construction, operation, maintenance and control of the Easement Areas and improvements thereon. With respect to all or any portion of the foregoing obligation which may be held to be within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent permitted by RCW 4.24.115; i.e., to the extent of Grantee's negligence. As between the parties and for purposes only of the obligations assumed in this paragraph, Grantee waives any immunity, defense or other protection that may be awarded by any workers compensation, industrial insurance or similar laws (including but not limited to, the Washington Industrial Insurance Act, Title 51 of the Revised Code of Washington). 10. Insurance 10.1 Grantee shall carry and maintain, and shall ensure that any construction contractor carves and maintains, Commercial General liability insurance with available limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, including death, and property damage combined and One Million Dollars (SI,000,000) general aggregate. Such insurance shall be v.Titten with insurers with an A.M. Best's rating of B+ VI or better and liability insurance shall be written on a form at least as broad as ISO CG0001(11/88) and shall contain coverage for all premises and operations, broad form property damage and contractual liability (including, that specifically assumed herein). Any policy which provides the insurance required under this paragraph shall: (a) be endorsed to name "Longacres Park, Inc., The Boeing Company and its subsidiaries and their respective directors, officers, employees, agents and assigns" as additional insureds (hereinafter, SECONDARY FIRE ACCESS EASE.ME?TAGREEMENT PAGED 103003.01 33 Sa979290 1171-1. 1 i 259' :J s t;0 H Vq N N N ri Il LJ W DISQUALIFY TJWDOCV3MNrR*2XC0J 1LYG 'Additional Insured'), (b) be endorsed to be primary to any insurance maintained by Grantor, (c) contain a severability of interest provision in favor of the Additional insured, and (d) contain a waiver of any rights of subrogation against the Additional lnsureds, all with respect to any liability arising out of Grantees presence on the Boeing Property, to the extent of Grantees indemnity obligation established by Section 9 herein. 101 If licensed vehicles will be used in connection with construction activities authorized by this Agreement, Grantee shall carry and maintain, and shall ensure that any contractor who uses licensed vehicles in connection with this Easement Agreement carries and maintains, Automobile Liability insurance covering all vehicles, whether owned, hired, rented, borrowed or otherwise, with limits of liability of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage. 10.3 Grantee shall self insure. or shall carry or maintain, and shall ensure that any contractor tames or maintains, insurance in accordance with the applicable laws relating to workers' compensation, with respect to all of their respective employees working on or about the Boeing Property, and, as to contractors, regardless of whether such coverage of insurance is mandatory or merely elective under the law. 10.4 Grantee shall not access the Boeing Property as authorized under this Agreement unless Grantee shall have first provided for Grantors review and approval a certificate of insurance reflecting full compliance with the requirements set forth herein. Such certificate shall list Grantor as certificate holder and shall be kept current and in compliance throughout the period of this Agreement and shall provide for thirty (30) days advance written notice to Grantor in the event of cancellation. 11. Termination for Breach if Grantee breaches or fails to perform or observe any material term or condition contained herein, and fails to cure such breach or default within ninety (90) days of Grantors giving Grantee written notice thereof (or, if the breach or default is not susceptible of cure within ninety (90) days, to commence to cure within such period and thereafter diligently proceed to complete such cure), then Grantor may terminate Grantees rights under this Easement Agreement in addition to and not in SECONDARY FIRE ACCESS FASEME\T AGREE31r.5.T 103003-0135 589732% 117F1 PACE 117597 • • • n AW MWMR .. TV" 3Nrr[AM REYMM OR'.SOSARY SGL AMARM UOn7DE MESE MAMM MAY DOQi� TM 0oMbWNr F=RECORDM limitatim of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise sock right at any time shall not waive Granmi's right to terminate for any flume breach or default Upon termination of this Easement Agreement and if requested by Grantor, Grantee, at its sole cost and expense, shall remove from the Easement Area any and all improvements thereon and restore the Easement Area to a condition as goad or better than it was prior to construction of said improvements. 12. Release of Obligations on Termination No termination of this Easement Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. 13. Title The rights granted herein are subject to the terms and conditions of permits, leases, licenses, easements, encumbrances and other matters, if any, granted by Grantor prior to the execution of this Easement Agreement and affecting the property subject to this Easement Agreement 14. Notices Notices required to be in writing under this Agreement shall be given as follows: If to Grantor. Boeing Commercial Airplane Group P_O. Box 3707 - MYS 2R-71 Seattle, WA 98124-2207 Attu: Manager/Planning and Leased Properties with a second notice to: Boeing Commercial Airplane Group P.O. Box 3707 - M/S 2R-71 Seattle, WA 98124-2207 Attn: Facilities Asset Management, Winmar Designated Coordinator SECONDARY ME ACCESS EASEKWT AGREEME.Yr (03003413 S,SB M?90.117F 1- PAGE r / M3R7 1 i • -Y� aEQUALgY TUBS OOCMM(r MURBL ORDn1C If to Grantee: Hunter Douglas Real Property, Inc_ 7015 South 212ih Street Kent, WA 98032 Atta: AllenTosch With a second notice to: Buck dt Gorden 1011 Western Avenue #902 Seattle, WA 98104 Attu: Alison D. Birmingham MARGINS MAY 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 maybe given by giving notice as above provided- 1S. FAmments to Run with the Land The Easements created by this Agreement and all rights granted and all duties created hereby shall run with the land, and shall bind and be obligatory upon, and shall inure to the benefit oty the parties and their respective successors and assigns. LGNGACRES PARK, INC. elson ce Prtsidcnt HUNTER DODUGLAASS REAL PI ?ERTY, INC. Name: h' IZ17— Title: SECONDARY FUtE ACCESS EASEMENT AGREEMENT (OXX3.0I35-SOPM90.1171-1 PAGE 9 11125,97 0 -Is ANYT/WrM .TM VKnUu 1RVMOUOR NOTAW MAL APttAMOG 01OTXIIIaTeESE 9"P1ce0S MAY DmummyTina Documm toe RSDOU9aec STATE OF WASHINGTON ) COUNTY OF KING ) On tbis/a4 of _��199 7 before me, the undersigned, a Notary Public in and for the State of Washington, duty commissioned and swom, personally appeared JAA1tb. J ii�i. oyf—, to me known to be die person who signed as of LONGACRES PARK, INC., the corporation that executed the within and foregoing mstrurncnt, and acknowledged said instrument to be the fire and voluntary act anal deed of said corporation for the uses and purposes therein mentioned, and on oath Stated thatthwas duly elected, qualified and acting as said officer of the corporation, at was authorized to execute said instrument � nd that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. ,,-, _ _ 'e ---V (Signature of Rd106WEU0Zhn.f_[ I (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at %P .22g�__ My Appointment Expires SECONDARY ME ACCESS EASEMENT AGREEMENT (030" ]S/SFIM290117�1- PAGE10 11.7597 e i f 0 ., �i 94 94 lA ANYwRnvmTSxr vn ALsaxY=KMoamarAIYSGLAP W CoUtS=Tummm&acm!&Ay DSgU,UgYTarSDOCU VNr POa RICORDENG STATE OF WASHINGTON ) )ss- COUNTY OF KING ) On this Imo` day of199 7 before me, the undersigned, a Notary Public Wand for the State of Washington, duly commissioned and sworn, personally appeared A"- $1- "fC 5c H to me known to be the person who signed as (W-t IDtiRf HUNTER DOUGLAS REAL PROPERTY, INC., the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said ofEcer of the corporation, that _ was amhorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set ray hand and official seal the day and year first above written. the (Signature of Notary) Jet kE Q. 6*4V3bA*--) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at I Svt�tt �ii My Appointment Expires off- D' l9 SECONDARY FIRE ACCESS EASEMENT AGREEMENT PAGE 11 [0300M1351SO97rr901171.1• 110_rM n L: • ANY wamNc:. TlXT. 11YRwS Q!V WOri11 OR NOTARY REAL DgQUALOY THIS DOCUMENT F EXHIBIT A TO SECONDARY FIRE ACCESS EASEMENT Legal Description of the Boeing Property Parcel B All that certain real property situate in the City of Renton. County of King, State of Washington, being a portion of Henry A. Meader's Donation Land Claim No. 45 in Sections 24 and 25, Township 23 N., Range 4 E., W. M., and a portion of Government Lot 13 in said Section 24, and being more particularly described as follows: BEGINNING at the Northwest comer o: said Government Lot 13; thence from said POINT OF BEGINNING along the North line of said Government Lot 13 S87°2645"E 504.52 feet to the northerly prolongation of the East line of said Donation Land Claim No. 46; thence along said prolongation and East line S02046!03nW 1336.86 feet to the North line of the City of Seattle Bow Lake Pipeline right-of-way as conveyed by deed recorded under Recording No. 4131067, King County records; thence along said North line from a tangent that bears SW32'34"W, along the arc of a curve to the left having a radius of 935.00 f et and a central angle c 11*4746", an arc length of 192.50 feet; thence tangent to the preceding curve S72°44'48"W 288.62 feet; thence leaving said North line N01102'56"E 154.52 feet; thence N00°5617"E 1326.91 feet to the POINT OF BEGINNING. Contains 15.51 Acres of Land more or less. The Basis of Bearings for this description is the Record of Survey for Broadacres Inc., recorded in Book 10 of Surveys at page 2, under Recording No. 7707289002, King County records. SECONDARY FIRE ACCESS EASEMENT AGREEMENT 10J00J-0Il9SH971290 1171-1 PAGE 12 117,97 s i I • • I ➢OGUAIDYTm aocu5atlr rea ascoaealc EXHIBIT B TO SECONDARY FIRE ACCESS EASEMENT Legal Description of the Hunter Douglas Property That portion of Government Lot 13 is the Southeast quarter of the Southeast quarter of Section 24 Township 23 North, R W 4 East, Willamette Meridian, in King County, Washington, lying East of the following described line: BEGINNING at the Southeast comer of said Section 24; Thence North 87018'57" West along the South line thereof a distance of 88 1. 10 feet to the TRUE POINT OF BEGINNING of the herein described line; Thence North 2°4603" East a distance of 1327.44 feet to a point on the North line of said Government Lot 13 of said Section 24, distant thereon 504.52 feet Easterly of the Northwest Coma thereof and the terminus of said line; EXCEPT that portion thereof condemned for drainage ditch under King County Superior Court Cause Number 329i2. 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