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� ; . : �� -- --- ---------� �� ''LED`�OR RECORD AT ���1���:(��=i•
' ---y .,FFiCE OF THE CITY.CLERK
��' RENTON MUNICIPAL BLDG.
�, � �-�' •-- 200 MILL AVE. S0. '
� • __ R�NTON, WA 98055
� � �_ __ . ..
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��„ ,� � ;��'� �#�•t�tF..•t?h #�=r���r� 3 E:
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`� C"' �;��=`--Y AGREEMENT AND LICENSE �`�r�' F #�`•s�s-�
� �,-,�� Rf=l•FEE :r�.+�ti
�' �� --,:�_ FOR rf��M�t. �:�:�:��. r�t�
� � `� F::;,-==:=� FIRE MAIN INTER-TIE AT �'
'�'� � ?--�� NORTH 8TH ST. AND PARK AVENUE �c'' '
f� � „�C`.�
�
THIS AGREEMENT is made this /�� day of , 19�,
between The City of Renton, a municipal corporati , ("Grantor"
herein) and The Boeing Company by and through its division,
Boeing Commercial Airplane Group, ("Grantee" herein) .
Recitals
I . Grantor has requested that Grantee construct and maintain
a fire main inter-tie (as hereinafter defined ) for the
purposes of providing increased fire protection.
II . Grantee has agreed to undertake such construction and
maintenance subject to Grantor granting licenses for purposes
of such construction and maintenance.
,�j III . Grantor and Grantee desire to enter into this agreement
(j�j setting forth their respective obligations and rights regarding
('� such license.
C�
� Agreements
�0
� 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, along, in, upon and under Grantor ' s
property described in Exhibit A (plan sheet Cl of the Fire
Water Inter-ties project, Harris Group Inc. contract #90-1177,
Boeing job #301860) , attached hereto and by this reference made
a part hereof, for the purpose of installing, constructing,
operating, maintaining, removing, repairing, replacing and
using a fire main inter-tie near the intersection of North 8th
Street and Park Avenue North consisting of the entire utility
assembly from the point of connection into Grantor ' s Water Main
' near the intersection of North 8th Street and Park Avenue North
over to the point of connection into Grantee ' s fire main on the
west side of Park Avenue North, including all piping, valves,
meters, specialty items, valve vaults, equipment vaults,
electrical equipment, electrical services, concrete work and
paving (herein the "Inter-tie" ) , together with the nonexclusive
, right of ingress to and egress from said property for the
I foregoing purposes;
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�oI � o00 ( iS. s3�. �o. �q. lc�
; : . . . : . . 1
. ,
B. A temporary license for purposes necessarily and
reasonably related to tr�e construction of the Inter-tie across,
along, in, upon, and under Grantor ' s property described in
Exhibit B (Plan Sheet C1 of the Fire Water Inter-Ties project,
Harris Group Inc. contract #90-1177, Boeing job #301860)
attached hereto and by this reference made a part hereof, said
license to commence on the date of this instrument and to
terminate when construction of the Inter-tie is completed and
the portion of the Inter-tie on the property described in
Exhibit B is conveyed to Grantor by Grantee by a bill of sale;
and
C. A license for ingress to and egress from the property
described in Exhibit A and B hereto upon, along, and across
Grantor ' s property described in Exhibit C consisting of Plan
Sheet Cl of the Fire Water Inter-Ties project, Harris Group
Inc. contract #90-1177, Boeing job #301860) attached hereto and
by this reference made a part hereof .
The terms "license" and "license area" in this instrument refer
to the licenses granted with respect to the property described
in Exhibits A and C, and, for the period of its duration, the
license granted with respect to the property described in
Exhibit B.
� 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.
�
tj� l . Costs of Construction and Maintenance. Grantee shall bear
Q and promptly pay all costs and expenses of construction of the
� Inter-tie. Grantor shall pay all costs and expenses associated
� with the maintenance and repair of the Inter-tie upon Grantor ' s ,
property described in Exhibit B, such Inter-tie to be conveyed
�
to Grantor b Grantee b a Bill of Sale. Grantee shall a all
Y Y P Y
costs and expenses associated with the maintenance and repair
of the Inter-tie in the license area described in Exhibit A.
, 2 . Specifications . Grantee shall construct the Inter-tie in
accordance with the specifications for the project set forth in
Technical Specifications for Fire Water Inter-ties, Harris Group
project no . 90-1177, Boeing job no . 301860, dated 11�� i�f°i0 (the
"Technical Specifications" . )
3 . Approval of Plans . Prior to any construction, alteration,
replacement or removal of the Inter-tie, 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
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, . � ., � ° � � � ; ' � . • �
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 other major activities on
Grantor ' s property with Public Works Field Maint.Dept, or such other
employee of Grantor as Grantor may from time to time designate,
and Grantor shall make the license area readily accessible to
Grantee, and free from obstructions and other uses that may
interfere with construction of the Inter-tie or its use
thereafter; 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 .
5 . Work Standards . Upon completion of construction of the
portion of the Inter-tie 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 by Grantee During Construction. Granto.r shall make
"� � provisions for continued access by Grantee along, over, under,
� and across Park Avenue and North 8th Street during periods in
� which Grantee is conducting construction. During construction,
� Grantee shall endeavor to minimize interference with the free
� passage of traffic along Park Avenue and North 8th 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.
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 by 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 right of way.
Grantor may continue to use the property for such purpose
so long as the use does not unreasonably interfere with '
Grantee ' s exercise of its rights under the license.
9 . Interference With Grantor ' s Future Facilities . Subject to
paragraph 10 herein, in the event Grantor desires to construct
facilities relating to Grantor ' s operations on or in the
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vicinity of the license area described in Exhibit A hereto, and
the location or existence of the Inter-tie located in the
license area described in Exhibit A substantially interferes
with such proposed facilities or construction thereof, or makes
such construction or facilities substantially more expensive,
Grantee shall either in its sole discretion, (a) relocate,
protect or modify the Inter-tie located in the license area
described in Exhibit A so as to eliminate such interference or
expense or (b) reimburse Grantor for its added costs of design,
construction, installation and/or acquisition of other
ro ert but Grantee shall be obli ated to act under a or
� � Y, � � )
(b) only upon the following conditions :
(i) The location and existence of the Inter-tie is the
sole cause of such interference or expense; PROVIDED,
HOWEVER, this condition shall not be applicable if all
other causes contributing to such interference and
expense existed prior to the installation of the
Inter-tie.
(ii) Grantor shall have given Grantee advance written
notice of its intention to undertake any such
construction, together with preliminary plans and
specifications for such work, identifying the potential
conflict and all design information relating thereto.
Such notice and plans shall be given in no event later
� than wa (2) months prior to the commencement of the work.
� (iii) Grantor shall cooperate with Grantee in developing
� and considering various alternative designs for Grantor ' s
�
' � facilities and shall supply all Grantor' s design data
� necessary therefor;
Ga
� (iv) Grantor shall provide Grantee with such additional
'p'+ information as is available with respect to the
� construction and operation of its facilities to enable
Grantee to determine the feasibility of any alteration
and/or relocation of the Inter-tie located in the license
area described in Exhibit A or Grantor ' s proposed
facilities to avoid or diminish the conflict between such
facilities .
(v) Grantor shall amend this Agreement with respect to
the license area described in Exhibit A, and shall
provide Grantee with such temporary rights and such
additional license rights on the property as are required
to accommodate any alteration and/or relocation of the
Inter-tie on Grantor ' s property so as to enable Grantee
to avoid or diminish the risk of damage or destruction
to, and interference with, the operation and maintenance ;
of the Inter-tie.
Grantee shall give written notice to Grantor within two (2)
months of Grantor ' s giving to Grantee the notice and other
information specified in condition (ii) of this paragraph 9 ,
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by which notice Grantee will elect to (a) relocate, protect or
modify the Inter-tie located on the property described in
Exhibit A, or (b) reimburse Grantor for its said added costs .
If Grantee elects to relocate, protect or modify the
Inter-tie, it shall commence work promptly and diligently
prosecute such work to completion prior to the scheduled date
of commencement of Grantor ' s construction. Grantor ' s added
costs reimbursable under this paragraph shall be only those
direct and actual reasonable costs necessarily incurred by
reason of the location or existence of the Inter-tie located
on the property described in Exhibit A.
, 10 . Widening of Riahts of Way. If Grantor elects to widen or
otherwise alter or modify Park Avenue or North 8th Street such
that Grantor condemns or otherwise takes possession of
ro ert owned b Grantee that contains an art of the
p P Y Y Y P
Inter-tie, Grantor agrees to extend the license granted with
respect to the property described in Exhibit A to include such
newly acquired property at no additional cost to Grantee.
This Section 10 in no way constitutes an agreement or
admission by Grantee that Grantor is entitled to take
possession of property owned by Grantee.
' 11. 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
indemnification, in any way related to the Agreement, the
� performance thereof by Grantee or its subcontractors,
� including without limitation 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.
r�i
� 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.
12 . 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 Two Million Dollars ($2, 000, 000) per
occurrence for bodily injury, including death, damage or,
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�
. i
, alternatively, Two Million Dollars ($2, 000, 000) per occurrence �
single limit for bodily in�ury_ 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, broad form property damage and
contractual liability (including without limitation, that
specifically assumed herein) . Any policy whi�h provides the ,,
insurance required under this Paragraph 12 shall name Grantor 'I
as additional insureds to the extent of the contractual I
obligation set forth in Paragraph 11 above.
13 . Workers ' Compensation. Throughout the period of
performance of this Agreement, Grantee shall cover or maintain
insurance, and shall ensure that its subcontractors cover or
maintain insurance, in 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 .
14 . 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 12 and 13
� above. Such certificates shall be kept current and in
� compliance throug.hout the term of the Agreement and shall
� provide for thirty (30) days advance written notice to Grantor
C� in the event of cancellation.
d
� 15 . Termination of License. Either art ma u on 6 months
P Y Y. P
� advance written notice, terminate the license; PROVIDED,
� HOWEVER tha n rmin
, , t o te ation may occur by Grantor during the
� initial two year period commencing on the date of this
Agreement .
16 . Removal of Inter-tie on Termination. Upon any
, termination of this Agreement, Grantee shall, on or before the
effective date of termination, remove the Inter-tie from the
license area described in Exhibit A 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 Inter-tie on the property described
in 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 .
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17 . Notices . Notices required to be in writing under this
Agreement shall be given as follows :
If to Grantor : The City of Renton
If to Grantee: The Boeing Company
P.O. Box 3707,
Seattle, Washington 98124-2207
Attention: Director of Facilities
Renton Division, M/S 63-02
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 addres's to which notices
may be given by giving notice as above provided.
18 . Assignment. Neither Grantor nor Grantee shall assign its
rights , privileges , obligations 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 .
�
� 19 . 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 .
� EXECUTED as of the date hereinabove set forth.
�
The City of Renton The Boeing Company
through its division,
Boeing Commercial Airplane Group
�
BY� By: � ��.z� �..._ � �" �I
Title: Mayor Title: �/iP�tLY o�- �oct/� 7���5
TTEST:
�
�'����t/
City Cle
- 7 - 150LER
STATE OF WASHINGTON )
) ss . I
COUNTY OF )
I rtify that I know or have satisfactory evidence that
� rnP�t- --�igned this instrument, on oath stated
that was a thorized to execute the in ru ent
and acknowledged it as the .� of '�
to be the free and voluntary ac of_ such party for he uses
and purposes mentioned in the instrument.
� DATED ��
N TA PUB IC in and for the State
of W s ' ngton, residing at� � �
My Appointment Expires :
STATE OF WASHINGTON )
,! r j 5S .
COUNTY OF K(JV)C�
� CJ
� I certify that I know or have satisfactory evidence that
� �G. G�c�,�mcvma�c� signed this instrument, on oath stated
Q that � was au�{oriz d to execute the i strument
t,� and acknowledged it as the �J -- of �c-e��n
O to be the free and voluntary act of such party for the uses
� and purposes mentioned in the instrument.
�
� DATED g , I��I
�
Ui�)Q.w�J-��`P/I�GL!-�C/L�
""�"'�•�• NOTARY PUBLIC in and for the State
� ��y'�
of Washington, residing at G� �
� �'y�ti���e�''�'t�� My Appointment Expires : _q.,�. �
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1 V�� aj ( � /} 1 I I� � b� �e 2-��" NIPPLE$ (2 LF) '
( I� i i ��w N J � I I I SLEEVE (LP�4 i �� ��'6 1 -10'�NIPPLE (LE 1CT}li AS REQ
cot�.wc�c I (�» ( � t i i � � W� � i -1!Y SOUQ SIEEVE {LP)
I I�_ � a � ' 1 I tn (1)-16" BUTTEF�ftY �
i !, 1 � vnLVE au w
, i � �� i ( ) lwwocwu+K \
, � ! j� � � FOR UNpFRCROUND VAULT � � � I' iN CpNCR�TE VAUtT ' i` ���
I I� r ( � DETAttS ANO PlP1NG SEE t I I !
� �a�I I i � � � ORAVIINC C5 I 1 I � 1/2' SCH d0� \ {m'.)
'x'��I 1� a ���� � �,- � I ( CALY STL PIPEi � �'�1 i COkNECT TO fXtST. �
� 1 I i � � I �L1 � 5 j ' � �` A1N NRN IXSCWIRCE
� � PIPE OOWN. GROUT
I - �
Ct�tTRACTOR SHAtt BE RESPCltSIBCE __PENETRhT10N WAiERT�
FOFi VERIFYING EXISTINC UTILITIES ��� � �� ! t�OI�J.P 'c'---�
� CALL BE�ORE D I GG I NG � 3 22 aJz s.o.uN ��w� �'�
ROAp SG. 47+93.0; 110.33' RT STA 48+09 y� ��� ' � �T�� CdNTRACTOR Stti2t NOT YAFKE firi
/� �y CONNECiION TO EXIST. 10' WATERAWN U
I ,-�Ov-�L���� 16z16x16�TEE3(M� (I}-I6"BUTTfRFIY � �-' THE NEW W6RK tiAS BEEti PpI.YP1CGE6,
VALVE (AIJ) W/HANOCRANF(yu _ DISINfECTED, AND PRESSURE TESTED.