HomeMy WebLinkAboutA 9806091569 1 , , � , . � . � 7 ' i I
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Recording Requested By and
When Recorded Mail to:
CITY OF RENTON
200 MILL AVENUE SOUTH
RENTON, WA 98055
RECORDING COVER SHEET
� Agreement for Purchase and Removal of Materials from State-owned Aquatic Land
��
� 1. If the docutnent you are recording is an assignment, amend�nent, termination, or re-
�'': recording of a document, the Auditor's reference number of the related document is
� (none).
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� 2. Grantor:
�
Washington State Department ofNatural Resources
South Puget Sound Region
950 Farman North
Enumclaw, WA 98022
,. 3. Grantee: (Lessee)
.,,
City of Renton
200 Mill Avenue South
� Renton, WA 98055
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4. �dditional Grantee names on page N/A of document.
47
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5. Legal Descriptions:
d Abbreviated legal description: '
' = Section 7, Township 23 North, Range 5 East, W.M. '
� Additional legal description is on page Exhibit A of document.
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� 6. DNR Document No. 3 1-07047 1
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� 7. Duration of Agreement for Purchase and Removal of Materials, Twelve Years
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� 8 Assessor's Property Tax Parcel Account Number(s): None exists
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia, Washington 98504
AGREEMENT FOR PURCHASE AND REMOVAL OF
ROCK, GRAVEL, SAND,AND SILT FROM
STATE-OWNED AQUATIC LANDS
31-070471
� � TABLE OF CONTENTS
� SECTION PAGE
�
�": 1. GRANT OF RIGHT OF ENTRY . . . . . . . . . . . 1
t� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C:>� 2. CONDITION OF PROPERTY AND VALUABLE MATERIAL 1
. . . . . . . . . . . . . . . . . .
�
� 3. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4. PERMITTED USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5. PURCHASE PRICE AND PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5.1 Fixed Minimum Annual Pavment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 '�
5.2 Ro,�v Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5.3 Adjustments to Rovaltv Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5.4 Re�orting and Pavment for Valuable Material Removed . . . . . . . . . . . . . . . . . . . 2
S.5 Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^
. . . . . . . . . . . . . . . . . �
5.6 Late Char�e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 i
5.7 Interest Penalty for Past Due Payments and Other Sums Owed . . . . . . . . . . . . . . 3
5.8 No Counterclaim,Setoff, or Abatement of Fixed Minimum Annual PaXments.
Royalt�ayments.�and Other Sums Owed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. PLAN OF OPERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^
. . . . . . . . . . . �
7. STATE'S RIGHT TO GRANT EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8. ENTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
I 9. TRANSFER OF PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10. CONDITION ON TERMINATION . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
� i
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11. RESTRICTIONS ON USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
12. COMPLIANCE WITH LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13. ENVIRONMENTAL LIABILITY/RISK ALLOCATION . . . . . . . . . . . . . . . . . . . . . . . . 5
13.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13.2 Use of Hazardous Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . S '
13.3 Current Conditions and DutY of Utmost Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13.4 Notification and Re�orting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.5 Indemnification and Burden of Proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.6 Cleanun . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13.7 �am lin . . . . . . . . . . . . . . . . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13.8 Reservation of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CT?
� 14. IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
�
� 15. INDEMNITY, FINANCIAL SECURITY, INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . 8
� 15.1 Indemnitv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Q 15.2 Bond or Other Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
� 15.3 Insurance , $
� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16. DEFAULT AND REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17. DISCLAIMER OF QUIET ENJOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 I
I8. ASSIGNMENT PROHIBITED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ll
19. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19.1 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19.2 Authoritv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.3 Survival . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.4 Headin�s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.5 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.6 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.7 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.8 Time is of the Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.9 Languaee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.10 Invaliditv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.11 A}�nlicable Law and Venue . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.12 Recordation . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.13 Modification . . . . . . . . . . . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ii
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia, Washington 98504
AGREEMENT FOR PURCHASE AND REMOVAL OF
ROCK, GRAVEL, SAND,AND SILT FROM
STATE-OWNED AQUATIC LANDS
AQUATIC LANDS PURCHASE AND REMOVAL AGREEMENT NO. 31-070471
THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through
the Department of Natural Resources(the "State"), and CITY OF RENTON, a government
agency/entity ("Grantee").
� 1. GRANT OF RIGHT OF ENTRY
�
� � � State grants and conveys to Grantee the nonexclusive and nonassignable right to enter
� upon a portion of State's property, described on E�chibit A(the "Property") for the limited
� purpose of extraction and removal of rock, gravel, sand and silt("Valuable Material")pursuant to
f� the terms of this Agreement.
�
� 2. CONDITION OF PROPERTY AND VALUABLE MATERIAL
The Property has been inspected by Grantee and is accepted in its present condition.
State does not warrant the volume, grade, quality, merchantability, or condition of the Valuable
Material.
3. TERM
The term of this Agreement is Twelve (12) years (the "Term"), beginning on the 1 st day
of April, 1998 (the "Commencement Date"), and ending on the 31 st day of March, 2010, unless
terminated sooner under the terms of this Agreement(the "Termination Date"). Each year of this !
Agreement, beginning with the Commencement Date (or anniversary thereo� and continuing for '
twelve (12) consecutive months, shall be referred to as a "Contract Year."
4. PERMITTED USE
Grantee shall have the right to excavate, take, and remove 3,340 cubic yards of Valuable
Material from the Property during the Term and Grantee shall have no other rights with respect
to the Property nor be permitted any other use. Each cubic yard of Valuable Material shall be
referred to as a"Unit."
5. PURCHASE PRICE AND PAYMENT
5.1 Fixed Minimum Annual Payment. Grantee shall pay State a Fixed Minimum
Annual Payment of Zero Dollars ($0), on or before the first day of each and every Contract Year.
31-070471 1
(a) The Fixed Minimum Annual Payment for any Contract Year shall be a
credit against monthly Royalty Payments computed under Subsections 5.2 and 5.3 and due for
the same Contract Year.
(b) At the end of each month Grantee shall compute the Royalty Payment due
under Subsection 5.2 for that month. At the end of the month in which the aggregate of all
Royalty Payments thus computed during the contract year exceeds the Fixed Minimum Annual
Payment already made, Grantee shall pay State an amount equal to the excess. For the
remainder of the Contract Year, Grantee shall pay the full monthly Royalty Payment computed
under Subsections 5.2 and 5.3.
(c) In the event that the Fixed Minimum Annual Payment for any Contract
Year exceeds the sum of Royalty Payments for that year, Grantee shall not be entitled to a
refund. There shall be no carry-backs or carry-forwards of such excess from one Contract Year
to another.
5.2 Royalty Payment. Grantee shall pay to State a monthly Royalty Payment based
upon the volume of Valuable Material Grantee sells from the stockpile of State's Valuable
� Material it maintains at another site ("Royalty Rate"). The initial Royalty Pa ment shall be
. y
� Three Dollars and Nineteen Cents ($3.19) for each and every Unit of Valuable Material sold
� from Grantee's stockpile of State's Valuable Material. If this Agreement is terminated, without
�
� renewal; Grantee shall be required to provide a final Royalty Payment on any remaining
8 stockpiled Valuable Materials based upon the most recent Royalty Rate computed pursuant to
� Subsection 5.3.
Gp 5.3 Adjustments to RoXal Rate. On the first day of each Contract Year,the Royalty
� Rate shall be increased by the percentage increase in the most recently published Producer Price
Index ("PPI") for the Valuable Material as published by US Department of Commerce, Bureau of
Labor Statistics, over the PPI for the first day of the immediately preceding Contract Year. If
publication of the PPI is discontinued, a reliable governmental or other non-partisan publication
evaluating the information used in determining the PPI shall be used.
5.4 Re�ortin�and Pavment for Valuable Material Removed. Grantee shall keep
accurate records and accounts of all Valuable Material removed from the Property. Grantee shall
utilize and maintain consecutively numbered load tickets to record all removal and transporting
of Valuable Material from the Property. The load tickets must be prepared by a designated
representative of Grantee at the Property at the time any Valuable Material is removed and
transported from the Property. The load tickets shall indicate the date of each and every removal
and transportation of Valuable Material from the site,the specific source,the amount removed
and transported,the equipment number, the trucking or hauling firm,the operator, and the
delivery point. The Grantee's designated representative shall attest to the accuracy of the
information on the load ticket and shall sign the load ticket. Grantee shall provide to State, an or
before the fourteenth(14th) day of each month, on a form acceptable to State, an itemized
account af the quantities of Valuable Material for which a Royalty Payment is due during the
preceding month. At the time of providing the statement or account, Grantee shall pay to State
the full amount of Royalty Payment due for the preceding month, computed in accordance with
Subsections 5.1, 5.2, and 5.3. �
31-070471 2
5.5 Audit. State shall be allowed to inspect and audit the books, contracts, and
accounts of Grantee to determine whether or not State is being paid the full amount owed to it for
the removal of Valuable Material. If the audit discloses that Grantee has underpaid_the amount
� due to State by two percent(2%) or more, Grantee shall pay to State, on demand, the cost of the
audit. In addition, because it will be impossible to reliably determine the exact amount of
Valuable Material removed but not reported, the Royalty Payment associated with any under-
reported Units disclosed by an audit shall be computed at the rate of One Hundred Dollars
($100.00) per Unit. Any deficiency shall be paid to State within thirty (30) days of delivery of
the audit to Grantee; State shall account for any additional Royalty Payments made pursuant to
this provision in conformity with Subsection 5.1.
5.6 Late Char�e. If any payment is not received by State within ten(10) days of the
date due, Grantee shall pay to State a late charge equal to four percent(4%) of the amount of the
payment, but not less than Fifty Dollars ($50), to defray the overhead expenses of State as a .
result of the delay.
5.7 Interest PenaltY for Past Due Pavments and Other Sums Owed. If any payment is
not received by State within thirty (30)days of the date due, Grantee shall, in addition to paying
� late charges determined under Subsection 5.5, above, pay interest on the amount outstanding at
� the rate of one percent(1%)per month until paid. If State advances any amount on behalf of
� Grantee, Grantee shall reimburse State for the amount advanced and shall pay interest on the
�, amount advanced atthe rate of one percent(1%)per month from the date State notifies Grantee
� of the advance.
� 5.8 No Counterclaim, Setoff. or Abatement of Fixed Minimum Annual Payments� �
� Ro,�ty Paxments, and Other Sums Owed. Fixed Minimum Annual Payments, Royalty
C�?
Payments, and except as expressly provided in this Agreement, all other sums payable by
Grantee pursuant to this Agreement shall be paid without the requirement of prior notice or
demand by State, and shall not be subject to any counterclaim, setoff, deduction, defense, or �
abatement. �
6. PLAN OF OPERATIONS
(a) Grantee shall submit a detailed Plan of Operations("Plan of Operations"
or the "Plan")to State for approval prior to any removal of Valuable Material. State shall have a
minimum of thirty (30) days to review the Plan. At the end of State's review, State will notify
Grantee either of its approval of the Plan or of the changes necessary to obtain its approval.
Upon approval of the Plan by State,the Plan shall become a part of this Agreement and shall not
be changed without the consent of State. Grantee shall not remove any Valuable Material until
the Plan of Operations has been approved by State.
(b) The Plan shall include information on the following:
(1) A listing of the operating restrictions, requirements, and conditions
contained in the regulatory permits obtained by Grantee for this operation;
(2) The method or methods of ineasurement to be used to determine
I the volume of Valuable Material removed, a sample load ticket and a list of designated
representatives who are authorized to sign the load tickets;
31-070471 3
(3) Mining specifications, and the location and timing of any mining
activities;
(4) Any plans to stockpile Valuable Material prior to sale, including
� the location of the stockpile, expected volume of the stockpile, and accounting for Valuable
Material going to and being removed from the stockpile;
(5) The nature of any processing and/or upgrading of the Valuable
Material,the types of equipment used for such processing or upgrading, the location of such
processing equipment, and the proposed disposition of waste products;
(6) A description of all preparatory work necessary prior to removal of
the Valuable Material; and,
(7) A description of how the site will be left after removal of the
Valuable Material, or, in cases where removals are seasonal, after completion of the first contract
season. (In cases involving seasonal removals, subsequent contract seasons may and probably
will require submission of a new Plan each year, revised at least to reflect changes in how the site
� will be left.)
� Grantee's operations shall not vary from the Plan approved by State, unless and
� until Grantee has submitted and received State's approval of a revised Plan of Operations. In the
� event of a conflict between the Plan of Operations and the body of this Agreement,the terms of
� the body of this Agreement shall prevail.
Q
t,�,? (c) State's acceptance and approval of Grantee's Plan of Operations shall not
� be construed as any statement or warranty that the Plan of Operations is adequate for Grantee's
� purposes or complies with applicable laws.
7. STATE'S RIGHT TO GRANT EASEMENTS
State reserves the right to grant easements and other land uses on the Property to others
' when the easements or other land uses will not unreasonably interfere with Grantee's permitted
' use. State will notify Grantee of any easement or other use requested by third parties.
8. ENTRY
State shall have the right to enter the Property at any reasonable hour for any reasonable
purpose.
9. TRAN'SFER OF PERMITS ,
In the event Grantee obtains any permit associated with the removal of Valuable
Materials, such permit shall be deemed appurtenant to the Property. Grantee assigns and
conveys such permit to State or its designee effective on termination of this Agreement. Grantee
hereby irrevocably appoints State as its attorney-in-fact to execute, acknowledge, deliver and if
appropriate file and record any documents State deems necessary or appropriate to effectuate the
transfer of the permit. The transfer shall not relieve Grantee of any of its obligations under the
permit or under this Agreement unless State expressly agrees to a release in writing.
31-070471 4
10. CONDITION ON TERMINATION
On conclusion of operations on any portion of the Property, and on the Termination Date,
Grantee shall remove all of its equipment, remove any debris or rubbish, and otherwise leave the
site in the condition set forth in the approved Plan of Operations.
11. RESTRICTIONS ON USE
Grantee shall not cause or permit any damage to natural resources on the Property except
as required to extract and remove Valuable Materials in accordance with the approved Plan of
Operations. If at any time Grantee becomes aware that operations in accordance with the
approved Plan of Operations aze causing or are likely to cause damages to natural resources in
excess of the damages contemplated when the Plan of Operations was approved, Grantee shall
promptly notify�State. State may require Grantee to modify its Plan of Operations to avoid or
mitigate such excess damages. Grantee shall also not cause or permit any filling activity to occur
on the Property. This prohibition includes,but is not limited to, the deposit of any rock, earth,
ballast, refuse, garbage, waste matter(includirig chemical,biological, or toxic wastes),
� hydrocarbons, any other pollutants, or other matter in or on the Property, except as approved in
l�Q writing by State. Grantee shall neither commit nor allow waste to be committed to or on the
� Property. If Grantee fails to comply with all or any of the restrictions on use set out in this
� Section 11, State may take any action reasonably necessary to remedy such failure. Upon
�
� demand by State, Grantee shall pay all costs of such remedial action, including but not limited to
� the costs of removing and disposing of any material deposited improperly on the Property. This
� section shall not in any way limit Grantee's liability under Section 13, below.
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12. COMPLIANCE WITH LAWS
Grantee shall, at all times, keep current and comply with all conditions and terms of any
permits, licenses, certificates,regulations, ordinances, statutes, and other government rules and
regulations regarding the use of the Property or the removal of Valuable Materials.
13. ENVIRONMENTAL LIABILITY/RISK ALLOCATION
13.1 Definition. "Hazardous Substance" means any substance which now or in the
future becomes regulated or defined under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection, contamination or
cleanup, including, but not limited to,the Comprehensive Environmental Response,
' Compensation and Liability Act of 1980 ("CERCLA"), 42 USC 9601 et seq., and Washington's
Model Toxics Control Act ("MTCA"), RCW 70.1 O5D.010 et seq. �
13.2 Use of Hazardous Substances. Grantee covenants and agrees that I-�azardous
Substances will not be used, stored, generated,processed, transported, handled,released, or
disposed of on, in, under, or above the Property, except in accordance with all appiicable laws.
13.3 Current Conditions and Dut�of Utmost Care. State makes no representation
' about the condition of the Property. Hazardous Substances may exist on, in, under, or above the
Property. If there are any Hazardous Substances on, in, under, or above the Property, as of the
Commencement Date, Grantee shall exercise the utmost care with respect to the Hazardous
Substances, the foreseeable acts or omissions of third parties affecting the Hazardous Substances,
31-070471 5
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and the foreseeable consequences of those acts or omissions. The standard of care required of
Grantee by this Subsection 13.3 shall be that required of a person with actual knowledge of the
presence of Hazardous 5ubstances, whether or not Grantee had such actual knowledge.
13.4 Notification and Re�orting.
(a) Grantee shall immediately notify State if Grantee becomes aware of any of
the following:
(1) A release or threatened release of Hazardous Substances in, on,
under or above the Property, any adjoining property, or any other property subject to use by
Grantee in conjunction with its use of the Property;
(2) Any problem or liability related to or derived from the presence of
any Hazardous Substance in, on, under or above the Property, any adjoining property, or any
other property subject to use by Grantee in conjunction with its use of the Property;
(3) Any actual or alleged violation of any federal, state, or local
statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect
to the Property, any adjoining property, or any other property subject to use by Grantee in '
� conjunction with its use of the Property; or
� (4) Any lien or action with respect to any of the foregoing.
� (b) Grantee shall, at State's request,provide State with copies of any and all
� reports, studies or audits which pertain to environmental issues or concerns and to the Property,
� and which are or were prepared by or for Grantee and submitted to any federal, state or local
Qauthorities pursuant to any federal, state or local permit, license or law. These permits include,
� but are not limited to, any National Pollution Discharge and Elimination System Permit, any
� Army Corps of Engineers permit, any State Hydraulics permit, any State Water Quality
certification, or any Substantial Development permit.
13.5 Indemnification and Burden of Proof.
(a) Grantee shall fully indemnify, defend, and hold State hannless from and
against any and all claims, demands, damages, natural resource damages, response costs,
remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other
proceedings, costs, and expenses (including attorneys' fees and disbursements),that arise out of
or are in any way related to: �
(1) The use, storage, generation, processing, transportation, ha:idling,
or disposal of any Hazardous Substance by Grantee, its contractors, agents, employees, guests,
invitees, or affiliates in, on, under, or above the Property, any adjoining property, or any other
property subject to use by Grantee in conjunction with its use of the Property, during the term of
this Agreement or during any time when Grantee occupies or occupied the Property or any such
other property;
(2) The release or threatened release of any Hazardous Substance in,
on, under, or above the Property, any adjoining property, or any other property subject to use by
Grantee in conjunction with its use of the Property, which�release or threatened release occurs or
occuned during the term of this Agreement or during any time when Grantee occupies or
occupied the Property or such other property and as a result of:
(i) Any act or omission of Grantee, its contractors, agents,
employees, guests, invitees, or affiliates; or
31-070471 6
(ii) Any act or omission of a third party unless Grantee
exercised the utmost care with respect to the foreseeable acts or omissions of the third party and
the foreseeable consequences of those acts or omissions.
(3) A breach of the obligations of Subsection 13.3, above, by Grantee,
its subtenants, contractors, agents, employees, guests, invitees, or affiliates.
(b) Grantee will have use of and access to the Property. Accordingly, if State
seeks to impose liability under Subsection 13.5(a), State will have the initial burden of proving
by a preponderance of the evidence the existence, release, or threatened release of Hazardous
Substances in, on,under, or above the Property, any adjoining property, or any other property
subject to use by Grantee in conjunction with its use of the Property. Grantee shall then have the
burden of proving by a preponderance of the evidence that none of the indemnification
provisions apply.
• 13.6 Cleanun. If a release of Hazardous Substances occurs in, on, under or above the
Property or other State-owned property arising out of any action or inaction described or referred
to in Subsections 13.5(a)(1), 13.5(a)(2) or 13.5(a)(3) above, Grantee shall, at its sole expense,
� promptly take all actions necessary or advisable to clean up the Hazardous Substances. Cleanup
�� actions shall include, without limitation, removal, containment and remedial acti�ns and shall be
� performed in accordance with all applicable laws, rules, ordinances, and permits. Grantee shall
� also be solely responsible for all cleanup, administrative, and enforcement costs of governmental
� agencies, including natural resource damage claims. Any cleanup shall be performed in a
4? manner approved in advance in writing by State, except that in emergency situations Grantee
� may take reasonable and appropriate actions without advance approval.
� 13.7 Samplin�. State may conduct sampling, tests, audits, surveys or investigations
�
("Tests") of the Property at any time to determine the existence, scope, or effects of Hazardous
Substances on the Property, any other property subject to use by Grantee in conjunction with its
use of the Property, or natural resources. If such Tests establish the existence,release or
threatened release of Hazardous Substances which subjects Grantee to actual or potential liability
under Subsection 13.5(a), above, Grantee shall promptly reimburse State for all costs associated
with such Tests.
13.8 Reservation of Rights. No right, claim, or defense either party may have against
third parties is affected by this Agreement and the parties expressly reserve all such rights,
claims, and defenses. The allocations of risks, liabilities, and responsibilities set forth above do
not release Grantee from or�affect Grantee's liability for claims or actions by federal, state, or
local regulatory agencies concerning Hazardous Substances.
14. IMPROVEMENTS
No improvements or trade fixtures shall be placed on the Property. Any personal �
property or equipment of Grantee placed on the Property shall be removed by Grantee within
ninety (90) days of the Termination Date, at Grantee's sole cost and expense. If Grantee fails to �
remove its personal property and equipment, it shall become the property of State. State may
have the property and equipment removed and Grantee shall pay the costs of removal, including
interest, upon State's demand.
3�1-070471 7
15. INDEMNITY, FINANCIAL SECURITY, INSURANCE
15.1 Indemnitv. Grantee shall indemnify, defend, and hold harmless State, its
employees, officers, and agents from any and all liability, damages (including damages to land,
aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees
(including attorneys' fees and costs), penalties (civil, administrative, and criminal), or judgments,
by any reason whatsoever caused. This indemnification shall apply to causes arising out of the
use, occupation, or control of the Property by Grantee, its invitees, agents, employees, licensees,
or permittees except as may arise solely out of the willful or negligent act of State or State's
elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee shall
not be required to indemnify and hold State harmless from State's sole or concurrent negligence.
This section shall not in any way limit Grantee's liability under Section 13, above.
15.2 Bond or Other SecuritX.
� (a) At its own expense Grantee shall procure and maintain a corporate surety
� bond or provide other financial security satisfactory to State (the "Bond") in an amount equal to
ln
� Zero Dollars ($0), which shall secure Grantee's full performance of its obligations under this
� Agreement. The Bond shall be in a form and issued by a surety company acceptable to State.
� State may require a change in the amount of the Bond:
� (1) Upon any breach of Section 13, above; or
� (2) Upon a change in the permitted use or the Plan of Operations.
`� A new or modified Bond shall be delivered to State within thirty (30) days after adjustment of
the amount of the Bond is required by State.
(b) If Grantee defaults in any of its obligations under this Agreement, State
may collect on the Bond to offset the liability of Grantee to State. Collection on the Bond shall
not relieve Grantee of liability, shall not limit any of State's other remedies, and shall not
I reinstate or cure the default or prevent termination of this Agreement.
15.3 Insurance. At its own expense Grantee shall procure and maintain during the
Term of this Agreement,the insurance described in Subsections 15.3(a) and(b) below. This
insurance shall be issued by an insurance company or companies licensed to do business in the
State of Washington which have a B+or better rating in "Best's Insurance Reports," or a
comparable rating by another rating company acceptable to State.
(a) �nes of Required Insurance.
(1) Liabilitv Insurance. Grantee shall procure and maintain public
liability insurance covering all claims for personal injury or property daanage arising on the
Property or arising out of Grantee's operations. The liability insurance shall be in the form of
commercial general liability insurance. Limits of liability shall be not less than$1,000,000 for
each occurrence and not less than$2,000,000 annual aggregate. Such limits may be achieved
through the use of umbrella liability insurance. State may impose changes in the limits of
liability:
(i) � Upon any breach of Section 13, above; or
(ii) Upon a change in the permitted use or the Plan of
Operations.
New or modified insurance coverage shall be in place within thirty (30) days after
changes in the limits of liability are required by State. The liability policies shall contain a
31-070471 8
cross-liability provision such that the policy will be construed as if separate policies were issued
to Grantee and to State.
(2) Worker's Com�ensation Insurance. Grantee shall procure and
maintain:
(i) State of Washington Worker's Compensation coverage, as
applicable,with respect to any work by Grantee's employees on or about the Property; and
(ii) Longshore and Harbor Worker's Act and Jones Act
coverage, as applicable, with respect to any work by employees of Grantee on or about the
Property.
(b) Terms of Insurance. The policies required under Subsection 15.3 shall
name State as an additional insured (except for State of Washington Worker's Compensation
coverage). Grantee shall provide certificates of insurance and, if requested, copies of policies to
State. Receipt of such certificates or policies by State does not constitute approval by State of
the terms of such policies. Further, all policies of insurance described in Subsection 15.3 shall:
� (1) Be written as primary policies not contributing with and not in
�
� excess of coverage that State may carry;
� (2) Expressly provide that such insurance may not be materially
chan ed amended or canceled with res ect to State exce t u on f
� g , , p p p orty-five (45) days pnor
(p written notice from the insurance company to State; and
� (3) Expressly provide that State shall not be required to give notice of
� accidents or claims for which State has no premiums or liability.
16. DEFAULT AND REMEDIES
(a) Grantee shall be in default of this Agreement on the occurrence of any of
the following:
(1) Failure to pay any Fixed Minimum Annual Payment, Royalty
I Payment, or other expense when due;
(2) Failure to comply with any law, regulation, policy or order of any
lawful governmental authority;
(3) Failure to operate in accordance with the Plan of Operations
approved by State;
(4) Removal of more Valuable Material than is authorized in this
Agreement; •
(5) Failure to comply with the audit requirements or to cooperate with
State in the conduct of an audit;
(6) Failure to comply with any other provision of this Agreement; or
� (7) Proceedings commenced by or against Grantee under any
bankruptcy act or for the appointment of a trustee or receiver of Grantee's property.
(b) A default shall become an event of defaiilt("Event of Default") upon
Grantee's failure to cure the default within the applicable cure period after State gives written
notice of default to Grantee, which specifies the nature of the default. For failure to pay a Fixed
Minimum Annual Payment or Royalty Payment, or for any other monetary default, the cure
31-070471 9
. i^ . . ,
� , .
period shall be ten(10) days. For failure to prepare load tickets as required under Subsection 5.3,
there shall be no cure period. For other defaults, the cure period shall be thirty (30) days.
(c) Upon an Event of Default, State may terminate this Agreement and
remove Grantee by summary proceedings or otherwise. In the event State pays any sum or
incurs any expense which Grantee is obligated to pay under this Agreement, or which is made or
incurred on behalf of Grantee, State shall be entrtled to receive reimbursement from Grantee
upon State's demand. This reimbursement shall include interest from the date of expenditure at
the rate of one percent(1%)per month.
17. DISCLAIMER OF QUIET ENJOYMENT
State's title may be subject to rights of third parties, including the public and Indian
Tribes. State expressly disclaims and Grantee expressly releases State from any claim for breach
of any implied covenant of quiet enjoyment with respect to possession of the Property. This
disclaimer includes, but is not limited to, interference arising from or in connection with access
� or other use rights of adjacent property owners or the public over the water surface or in or under
`� the water column, rights held by Indian Tribes, and the general power and authority of State and
ll'9
� the United States to regulate the use of navigable waters,bedlands, tidelands, and shorelands. In
� the event Grantee is evicted from the Property by reason of successful assertion of any such
� rights,this Agreement shall terminate as of the date of such eviction. In the event of a partial
� eviction, Grantee's payment obligations shall abate as of the date of the partial eviction in direct
� proportion to the extent of the eviction. In all other respects, this Agreement shall remain in full
force and effect.
18. ASSIGNMENT PROHIBITED
Grantee shall not assign this Agreement.
19. MISCELLANEOUS
19.1 Notice. Any notices required or permitted under this Agreement may be
personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt
requested,to the following addresses or to such other places as the parties may direct in writing
from time to time:
' To State: DEPARTMENT OF NATURAL RESOURCES
South Puget Sound Region
950 Farman Street North
PO Box 68
Enumclaw, WA 98022-0068
To Grantee: CITY OF RENTON
200 Mill Avenue South
Renton, WA 98055
� 31-070471 10
A notice shall be deemed to be given and delivered upon personal delivery, upon receipt
of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as
set forth above,whichever is applicable.
19.2 Authoritv. Grantee and any and all persons executing this Agreement on behalf of
Grantee represent that Grantee is qualified to do business in the State of Washington, that
Grantee has full right and authority to enter into this Agreement, and that each and every person
signing on behalf of Grantee is authorized to do so. Upon State's request, Grantee will provide
evidence satisfactory to State confirming these representations. This Agreement is entered into
by State pursuant to the authority granted it in Chapters 79.90 to 79.96 RCW and the
Constitution of the State of Washington.
19.3 Survival. Obligations of Grantee to be performed after the Termination Date shall
not cease upon the termination of this Agreement, but shall continue as obligations until fully
performed.
� 19.4 Headin�s. The headings used in this Agreement are for convenience only and in
� no way define, limit, or extend the scope of this Agreement or the intent of any provision.
� 19.5 Entire Agreement. This Agreement, including the e�ibits and addenda, if any,
Ocontains the entire agreement of the parties. All prior and contemporaneous agreements,
� promises, representations, and statements relating to this transaction or to the Property, if any, are
� merged into this Agreement.
� 19.6 Waiver. The waiver by State of any breach or default of any term, covenant, or
� condition of this Agreement shall not be deemed to be a waiver of such term, covenant,
condition, or any subsequent breach or default of the same or any other term, covenant, or
condition of this Agreement.
19.7 Cumulative Remedies. The rights and remedies of State under this Agreement are
cumulative and in addition to all other rights and remedies afforded to State by law or equity.
19.8 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every
provision of this Agreement.
� 19.9 Langua�e. The word "Grantee" as used in this Agreement shall be applicable to
one or more persons, as the case may be, and the singular shall include the plural, and tke neuter
shall include the masculine and feminine. If there is more than one ('Jrantee,their obligations
shall be joint and several. The word "persons" whenever used shall include individuals, firms,
associations, and corporations.
19.10 Invalidi . If any provision of this Agreement shall prove to be invalid, void, or
illegal, it shall in no way affect, impair, or invalidate any other provision of this Agreement.
19.11 A�plicable Law and Venue. This Agreement shall be interpreted and construed in
accordance with the laws of the State of Washington. Any reference to a statute shall mean that
statute as presently enacted or hereafter amended or superseded. Venue for any action arising out
of or in connection with this Agreement shall be in the Superior Court for Thurston County,
Washington.
19.12 Recordation. Grantee shall record this Agreement in the county in which the
Property is located, at Grantee's sole expense. Grantee shall provide State with recording
information, including the date of recordation ax�d file number. Grantee shall have thirty (30)
days from the Commencement Date to comply with the requirements of this subsection. If ,
31-070471 11 'I
�i . - Y . . � , • . . . . . .
Grantee fails to record this Agreement, State may record it and Grantee shall pay the costs of
recording upon State's demand.
19.13 Modification. Any modification of this Agreement must be in writing and signed
by the parties. State shall not be bound by any oral representations or statements.
THIS AGREEMENT is executed as of the_day of 19_.
STATE: GRANTEE:
STATE OF WASHINGTON CITY OF RENTON
, DEPARTMENT OF NATURAL
t� RESOURCES
��
v--i , ,�
� BY� �, �rnrn.� � � By:
� BONNIE B. BUNNING JESSE TANNER
�
GD
� Its: South Puget Sound Region Manager Its: Mayor
Dated: �/C1�� /07� `�-J�1� � Dated: � � I �Q�j l ��g 1
�
sk/Cardoza/2 1 0498/3 1-07047 1.agr
31-070471 12
, ��. • • • ' , • " • • . . i .
STATE OF WASHINGTON)
) ss. -
COUNTY OF ( ICI N C� )
I certify that I l:now or have satisfactory evidence that BONNIE B. BUNNING is the
person who appeared before me, and is the South Puget Sound Region Manager of the State of
Washington Department of Natural Resources. I further certify that said person acknowledged
the foregoing to be the free and voluntary act of the STATE OF WASHINGTON
� DEPARTMENT OF NATURAL RESOURCES for the uses and purposes mentioned in the
� instrument, and on oath stated that she is duly authorized to execute and acknowledge said
� instrument.
� �
C� DATED: M�`I IZ � �q 9 9
(� ,,,,,:.;;:�.. �:,, �k�
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31-070471 13
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STATE OF WASHINGTOI� ',
) ss. '
COUNTY OF �iI
I certify that I know or have satisfactory evidence that JESSE TANNER is the person
who appeared before me, and is the Mayor of the City of Renton("Grantee"). I further certify
that said person acknowledged the foregoing instrument to be the free and voluntary act of the
Grantee for the uses and purposes mentioned in the instrument, and on oath state that he is duly
� authorized to execute and acknowledge said instrument.
.�
�
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CEDAR RIVER SECTTCIN 205 � � �
FLOC?D I�AMAGE REDUCTION PROJECT t � �,
(DREDGE AREA WITH DNR .P�IVOLVEMENT)� 1 �
�
Mav 1 I, 1998 Renton Citv Council Minutes Page 17I
mitigation measures being considered. The ordinance would not compel staff
to use the optional DNS process.
The Committee reported that it will continue consideration of other
amendments to the Regulatory Reform Ordinance.
The Committee further recommended that the ordinance regarding this matter
be presented for first reading. MOVED BY KEOLKER-WHEELER,
SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED. (See page 172 for ordinance.)
Finance Committee Finance Committee Chair Parker presented a report recommending approval
Finance: Vouchers of Claims Vouchers #158945 - 159392; two wire transfers in the total amount
of $3,161,489.96; approval of Payroll Vouchers #159510 - 159773; and 497
direct deposits in the total amount of $1,285,952.29. MOVED BY PARKER,
SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Transportation Committee Transportation (Aviation) Committee Chair Schlitzer presented a report
Streets: Burnett Ave N regarding the temporary closure of Burnett Ave. N. The King County Bryn
(Sth to 6th) Temporary Mawr Sanitary Sewer Extension is required to connect to the existing sanitary
Closure sewer interceptor near the intersection of N. 6th St. and Burnett Ave. N. A
vault in excess of 14' x 14' and 20 feet deep is required to be constructed to
accommodate the connection. The installation may require the street to be
closed to general traffic for up to eight weeks to allow the construction of the
vault, connection to the interceptor, installation of the pipe, and restoration of
the roadway in a safe manner.
City staff have reviewed the request and have recommended approval with the
following conditions:
* Council concur with the requested eight week street closure of Burnett
Ave. N. between N. 6th St. and N. Sth St. and adopt the resolution
authorizing same.
* The contractor provide one week advance warning of the street closure by
posting large signs along the travel route advising of the closure and I
detour routes. Further, the closure shall be published twice, one week �
apart in the local newspaper.
* Local, pedestrian and emergency access along Burnett Ave. N. be
maintained or provided for through detour routes at all times.
* The approved traffic control plan shall be implemented and maintained Uy
the contractor to the satisfaction of the Transportation and Development
Services Divisions.
MOVED BY SCHLITZER, SECONDED BY KEOLKER-WHEELER,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See
page 172 for resolution.)
ORDINANCES AND The following resolutions were presented for reading and adoption:
RESOLUTIONS
Resolution #3325 i A resolution was read authorizing the Mavor and Citv Clerk to enter into
CAG: 98-, Cedar River ' agreements with the Washington State Department of Natural Resources, King
Dredging, Dept. of ' County, City of Seattle, Renton Housing Authority, U.S. Army Corps of
Natural Resources, et al. ' Engineers, and any other governmental agencies, for the Renton Cedar River
' Section 205 Flood Control project real estate and construction. MOVED BY
�r ' CLAWSON, SECONDED BY EDWARDS, COUNCIL ADOPT THE
���� ', RESOLUTION AS PRESENTED. CARRIED.
\�� I
I
�
Mav 1 l. 1998 Renton Citv Council Minutes Pa�e 170
Y
Finance: New City Hall Finance and Information Services Department and Community Services
Energy-Efficient Lighting Department recommended installation of energy-efficient lighting at the new
Bond Issuance City Hall building to conserve energy, save on maintenance costs, and reduce
glare. The $272,000 expense will be funded through State-issued conservation
bonds, which the City will repay over a ten-year period with the savings
realized from reduced etectrical costs. Refer to Finance Committee.
CAG: 98-, Cedar River � Surface Water Utility Division requested approval of agreements with the
�Dredg ng Dept. of � Washington State Department of Natural Resources and others for
Natural Resources, et al. � miscellaneous activities associated with the Cedar River Section 205 Flood
�, Damage Reduction project. Council concur. (See page 171 for resolution.)
Lease: Airport Ground � Transportation Division recommended approval of twelve lease addendums for
Lease Rate Changes Renton Municipa( Airport ground leases to reflect the new ground lease rate
that was determined through arbitration. Council concur.
Airport: Metro Easement Transportation Division recommended approval of a construction easement
for Sewer Line Installation with Metro for installation of the Bryn Mawr Sewer System Improvement
under Runway project beneath the north end of the Airport runway and taxiways. Council
concur.
MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL
APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED.
OLD BUSINESS Community Services Committee Chair Nelson presented a report regarding
Communitv Services temporary downtown comfort stations. Permanent comfort stations are being
Committee considered in conjunction with the various developments underway in the
Transportation: Downtown area, but until permanent facilities can be constructed, provision of portable
Transit Hub (Interim) comfort stations is a viable, interim solution.
Restroom Facilities
Costs are estimated to be approximately three to four thousand dollars per
year per unit (detailed cost research will be completed by May 15th). These
costs include delivery, maintenance of approximately three to four times a
week, and monthly lease. In the interim, these portable comfort stations could
be funded from the Transit Program budget.
The Community Services Committee recommended that Council approve the
lease of two portable comfort stations (male and female) for discreet
placement in the downtown area. MOVED BY NELSON, SECONDED BY
CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED.
Planning & Development Planning & Development Committee Chair Keolker-Wheeler presented a
Committee report regarding the utility pole relocation alignment on Main Ave. S. The
Utility: Utility Pole Committee recommended that Council authorize the relocation of the Puget
Relocation (Main Ave S) Sound Energy transmission line to a modified alternate route B. The
modification is to remove one street light and replace it with two street lights
at locations that allow lower wires and shorter poles. MOVED BY
KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR
IN THE COMMITTEE REPORT. CARRIED.
Development Services: Planning & Development Committee Chair Keolker-Wheeler presented a
Optionat DNS Process report regarding the optional Determination of Non-Significance (DNS)
process. The Committee recommended approval of an amendment to the
Environmental Ordinance (SEPA) to implement recent changes to the State
administrative code regulations. The amendment will allow staff to apply an
optional DNS to certain smailer projects, using the comment period of a notice
of a project application for review of environmental issues and listing
�
. �
G OF RENTON COUNCIL AGENDA BIL
, —
AI #:
s�bm�tc��9 �aca: Planning/Building/Public Works For Agenda of:
Dept./Oiv./Board Utility Systems Division/Surface Water Utility May 1 1, 1998
Staff Contact.. ROfI OIS@n, ROrI SL�aICB (x-5548) Agenda Status
� Ross Hathaway �x-szos� Consent.............. X
Subject: Public Hearing...
Cedar River Section 205 Flood Damage Reduction Project Correspondence..
Additional Agreements Ordinance...........
Resolution........... X
Exhibits: New Business......
Aquatic Lands Agreement for Purchase and Removal of Old Business.......
Materials No. 31-070471, Study Sessions....
Aquatic Lands Easement 51-070474
R2SOIUtIOC1 Information......... �
Recommended Action: Approvals:
Council Concur Legal Dept......... X�
Finance Dept.....
Fiscal Impact:
� Expenditure Required... $4,6�8 Transfer/Amendment.......
Amount Budgeted...... $4,6�$ Revenue Generated........
Summary of Action:
Problem Description: Several minor agreements between the City and other parties f�ncluding the State DNR)
are needed for construction of the Cedar River Section 205 Flood Damage Reduction Project. The DNR
agreements include an easement for modification and installation of habitat features below the ordinary high
water of the Cedar River at the Maplewood Golf Course, and an Aquatic Lands agreement for the disposal of
approximately 3,340 cubic yards of dredge spoils from a short section of channel at the mouth of the river.
Other agreements will likely be required as the project proceeds. We need authorization for the Mayor to
sign these, and any other required agreements, to avoid delays to the project.
Proiect Description: The project will provide 100 - year 90% certainty event flood protection for the lower Cedar
River from Lake Washington upstream approximately 6,000 linear feet to the Williams Ave. Bridge. Continued
sedimentation in the constructed Cedar River channel after cessation of maintenance dredging in the early '80s
has limited the channel.capacity. Severe flooding occurred during high flows in 199.0, 1995 and 1996 in the area
around Boeing Airplane Company, Cedar River Park, and the Renton Municipal Airport. Without improvements,
flooding frequency and severity will increase resulting in damage to public infrastructure, private property and
fisheries resources. The project consists of channel dredging and construction of levees and flood walls along
- both the left and right (as looking downstream) banks of the river. The South Boeing Bridge will be fitted with a
mechanism to raise it during high flow events.
Proiect Budqet/Schedule: As defined in the Project Cooperation Agreement (PCA) with the Army Corps of
Engineers, the City ("Local Sponsor") is responsible for procuring the funding for the non-Federal share of the
initial project and all of the maintenance costs. A partnership has been established between the City, the Boeing
Company, and King County, to pay for the "Local Sponsor" share of construction and maintenance. The Surface
Water Utility intends to use the sale of the dredged spoils to reduce the total "Local Sponsor" share of the project
cost. The Local Sponsor share of the total project cost is estimated at S3,999,000 for initial construction, and
S253,000 to .5810,000 annually for operation & maintenance (OMRR&R); this includes the S2,316,000 shown in
the PCA, plus the cost for modifying the bridge and already expended design costs. With the partnerships, the
City's net share of the total shared project cost is estimated at S1,048,667 for initial construction, and 380,500
annually for OMRR&R. The 1998 project budget is 54,418,000 which assumes the sale of dredge material. The
proposed action will not increase the project budget.
Staff Recommendation: The Planning/Building/Public Works Department recommends Council approval of a
resolution authorizing the Mayor and City Clerk to sign the agreements with the Washington State Department
of Natural Resources and any other agreements required for the Cedar River Section 205 Flood Damage
Reduction Project as long as they do not exceed S50,000 each or exceed the total project budget.
H:DIV/UTIL/DOCS/98-334/RDH:If/ps
� , � � . ,
-- _ _ .. _,f _ J __ _ �
.
� � �� �
. CITY OF RENTON .
PLANNING/BUILDING/PUBLIC WORKS
; M�EMORANDUM -
i
' DATE: April 28, 1998 � i
TO: Bob Edwards, President
Members of the Renton City Council
VIA: Mayor Jesse Tanner
FROM: Gregg Zimmerman � �.. � �
STAFF CONTACT: Ron Straka ( X-5548)
Ross Hathaway (X-6193) �
SUBJECT: Authorization for the Mayor to sign any additional
agreements, including interlocal agreements, as long as
these agreements do not exceed a commitment of �50,000
each, or a cumulative that exceeds the current proj�ct
budget,"for the Cedar River Section 205 Flood Damage
Reduction Project.
ISSUE:
;
Several minor agreements between the City and other parties (including th� State of a
Washington Department of Natural Resources "DNR" agreements) are needed for construction �
of the Cedar River Section 205 Flood Damage Reduction Project. The DNR agreements include
an easement for modification and installation of habitat features below the ordinary high water ,
of the Cedar River at the Maplewood Golf Course Revetment, and an Aquatic Lands agreement '�
for the disposal of approximately 3,340�cubic yards of dredge spoils ("valuable materials") from
a short section of DNR owned channel bottom at the mouth of the river into Lake•Washington.
Other agreements will likely be required as the project proceeds. We will need a blanket
authorization for the Mayor to sign these other agreements to avoid delays to the project. �,
RECOMMENDATION:
The Planning/Building/Public Works Department recommends that Council authorize the Mayor
to sign any additional agreements, including interlocal agreements, as long as these agreements
do not exceed a commitment of $50,000 each, or a cumulative that exceeds the current project
budget, for the Cedar River Section 205 Flood Damage Reduction Project.
BACKGROUND:
Several minor agreements between the City and other parties (including the State of
Washington Department of Natural Resources "DNR" agreements) are needed for construction
of the Cedar River Section 205 Flood Damage Reduction Project. The DNR agreements include
an easement for modification and installation of habitat features below the ordinary high water
of the Cedar River at the Maplewood Golf Course Revetment, and an Aquatic Lands agreement
- for the disposal of approximately 3,340 cubic yards of dredge spoils ("valuable materials") from
a short section of DNR owned channel botiom at the mouth of the river into Lake Washington. �
;
I
.
��M . �.., �, ;. :-.�t��
� 1. The easement ("Aquatic Lands Easement;51-070474") would have a term of 12 years and
would have associated fee of 5384.00�p�r yea�;��pti�onally payable in one lump sum at
S 4,608.00.
2. The Aquatic Lands agreement ("Aquatic Lands Agreement for Purchase and Removal of
Materials No. 31-070471") would have no associated fees if the material was not sold, but
rather donated for public use (used for fill at the NARCO site or some other City project).
We do not intend to sell this material; it is fine grained and of low value.
3. City of Renton Housing Authority Easement. This will be an easement to build low berms
across a short section of Renton Housing Authority lands along the left (southwest) bank of
the river just upstream of Logan Avenue. The extent and details of the easement are yet to
be determined.
4. Agreement with King County for storage of spawning gravel (from the dredge project) near
Landsburg (as required in the Hydraulic Project Approval Permit for the project). The City
would also work with the County to place some of the gravel in the river on an annual �
basis. No details are yet available on this agreement.
The Mayor may need to sign several other agreements as yet unanticipated. In order to not
delay the project, we are requesting that Council authorize the Mayor to sign these agreements
as they become finalized, without further review and approval by the City Council.
H:DIV/UTIL/DOCS/98-335/RDH:If
CC: Ron Olsen
STATE OF WASHINGTON
' DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia, Washington 98504
AQUATIC LANDS EASEMENT
51-070474
TABLE OF CONTENTS
SECTION PAGE
1. GRANT AND LOCATION OF EASEMENT . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 Easement PropertX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 Construction and Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3 Right of Third Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. PURPOSE OF EASEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4. USE FEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . 2
4.1 e Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.2 Late Charges and Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5. COOR.DINATION OF ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6. MAINTENANCE AND REPAIR OF EASEIVIENT AND IMPROVEMENTS . . . . . . . . 2
6.1 Grantee's Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6.2 Restrictions on Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPEP�TY . . . . . . . . . . . . 3
� 8. COMPLIANCE WITH LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION . . . . . . . . . . . . . . . . . . . . . . . . 3
9.1 efiniti n . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.2 Use of Hazardous Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.3 Current Conditions and Dutv of Utmost Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.4 Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.5 Indemnification and Burden of Proof . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9.6 le nu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9.7 am lin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
i
9.8 �e�ervation of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10. REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
11. PRESERVATION OF SURVEY CORNERS . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . 5
12. TERMINATION OF EASEMENT . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT . . . . . . . 6
13.1 Existing Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
� 13.2 Grantee-Owned Im�rovements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.3 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.4 em v . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.5 LJnauthorized Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
14. INDEMNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
15. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
15.1 TY,nes of Required Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
15.2 TermsofInsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15.3 State's Acquisition of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
16. TAXES AND ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
17. ADVANCE BY STATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
18. NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
19. ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
20. SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
21. TIME IS OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . 9
22. RECORDATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
23. APPLICABLE LAW AND VENUE . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . 10
24. MODIFICATION . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ii
J
STATE OF WASHINGTON �
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia,Washington 98504
AQUATIC LANDS EASEMENT
AQUATIC LANDS EASEMENT NO. 51-070474
THIS EASEMENT is made by and between the STATE OF WASHINGTON, acting
through the Department of Natural Resources ("State"), and CITY OF RENTON, a government .
agency/entity ("Grantee").
1. GRANT AND LOCATION OF EASEMENT
1.1 Easement PropertX. State grants and conveys to Grantee a nonexclusive easement
for a term of years (the "Easement") over, upon, and under the property described in�Exhibit A
(the "Easement Property").
• 1.2 Construction and Access. To the extent it can do so without violating any other
contract or lease, State hereby also grants a nonexclusive easement on State-owned land and
water on either side of the Easement Property, if any exists, for ingress and egress to gain access
to the Easement Property and to construct improvements on and maintain and repair the
Easement Property. �
1.3 Right of Third Parties. This Easement is subject to all valid interests of third
parties noted in the records of King County, or on file in the office of the Commissioner of
Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or the
federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement
are any right to harvest, collect or damage any natural resource, including aquatic life or living
plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand,
gravel or other valuable materials. State makes no representations regazding access to the
Easement Property.
2. PURPOSE OF EASEMENI
� This Easement is granted for the purpose of and is limited to constructing, installing,
operating, maintaining, repairing, replacing, and using large woody debris habitat as
enhancement features. ("Permitted Use").
3. TERM
The term of this Easement is twelve (12) years (the "Term"), beginning on the lst day of
April, 1998 (the "Commencement Date"), and ending on the 31 st day of March 2010, unless
terminated sooner under the terms of this Easement(the "Termination Date").
1
.
4. USE FEE
4.1 e e . Grantee shall pay an annual use fee which shall be due and payable in
full on or before the Commencement Date and on or before the same date of each year thereafter.
The use fee due on or before the Commencement Date is Three Hundred Eighty-four pollars
($384.00). State shall adjust the fee annually, except in those yeazs in which the fee is revalued
as set forth below. This adjustment shall be effective on the anniversary of the Commencement
Date. State shall, at the end of the first four-year period of the Term, and at the end of each
subsequent four-year period of the Term, revalue the annual fee.
4.2 Late Charges and Interest. If any use fee is not received by State within ten(10)
days of the date due, Grantee shall pay to State a late charge equal to four percent(4%) of the
amount of the payment or Fifty Dollars ($50), whichever is greater, to defray the overhead
expenses of State as a result of the delay. If any use fee is not paid within thirty (30) days of the .
date due,then Grantee shall, in addition to paying the late charges established above, pay interest
on the amount outstanding at the rate of one percent(1%)per month until paid.
5. COORDINATION OF ACTIVITIES
Grantee shall coordinate the dates of its construction and other major activities on the
Easement Property with State. Except in the case of an emergency, Grantee shall provide State
with written notice of its intent to enter upon the Easement Property at least five (5) days prior to
entry.
6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS
6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to
any improvements on the Easement Property,to the Easement Property, or to any natural
resources, which are caused by Grantee's activities. All work performed by Grantee shall be
completed in a careful and workerlike manner to State's satisfaction, free of any claims or liens.
Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore
the Easement Property, as nearly as possible, to the condition it was in prior to commencement
of the work.
6.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural
resources on the Easement Property except to the extent, if any, permitted under the mitigation
plan attached as Exhibit B. Grantee shall also not cause or permit any filling activity to occur on
the Easement Property. This prohibition includes any deposit of rock, earth, ballast, refuse, .
� gazbage, waste matter(including chemical, biological or toxic wastes), hydrocarbons, any other
pollutants, or other matter in or on the Easement Property, except as approved in writing by
State. Grantee shall neither commit nor allow waste to be committed to or on tlie Easement
Property. If Grantee fails to comply with all or.any of the restrictions in use set out in this
Subsection 6.2, State may take any steps reasonably necessary to remedy such failure. Upon
demand by State, Grantee shall pay all costs of such remedial action, including but not limited to
the costs of removing and disposing of any material deposited improperly on the Easement
Property. This section shall not in any way limit Grantee's liability under Section 9, below.
51-070474 2
7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY
Grantee shall exercise its rights under this Easement so as to minimize and avoid, to the
fullest extent reasonably possible, interference with State's use of the Easement Property or with
the public's right to use the Cedar River for purposes of recreation, navigation, or commerce
including rights under the Public Trust Doctrine. Any improvements constructed by Grantee on
the Easement Property shall be placed and constructed so as to allow,to the fullest extent
reasonably possible, unobstructed movement through the water column in the Easernent
Property.
8. COMPLIANCE WITH LAWS
Grantee shall, at its own expense, conform to all applicable laws, regulations,permits,
orders, or requirements of any public authority affecting the Easement Property and the
Permitted Use. Upon request, Grantee shall supply State with copies of permits or orders.
9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION
9.1 efinition. "Hazardous Substance" means any substance which now or in the
future becomes defined or regulated under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection, contamination or
cleanup, including, but not limited to,the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's
Model Toxics Control Act("MTCA"), RCW 70.1 O5D.010 et seq.
9.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous
Substances will not be used, stored, generated,processed, transported, handled,released, or
disposed of on, in,under,or above the Easement Property, except in accordance and compliance
with all applicable laws.
9.3 Current Conditions and Duty of Utmost Care. State makes no representation
about the condition of the Easement Property. Hazardous Substances may exist on, in, under, or
above the Easement Property. If there are any Hazardous Substances on, in, under, or above the
Easement Property as of the Commencement Date, Grantee shall exercise the utmost care �vith
respect to the Hazardous Substances, the foreseeable acts or omissions of third parties affecting
the Hazardous Substances, and the foreseeable consequences of those acts or omissions. The
standard of caze required of Grantee by this Subsection 9.3 shall be that required of a person with
actual knowledge of the presence of Hazardous Substances, whether or not Grantee had such
' actual knowledge.
9.4 Notification. Grantee shall immediately notify State if Grantee becomes aware of
any of the following:
(a) A release or threatened release of Hazardous Substances on, in, under, or .
above the Easement Property or any adjoining property;
(b) Any problem or liability related to or derived from the presence of any
Hazardous Substance on, m, under, or above the Easement Property or ad�oining property;
(c) Any actual or alleged violation of any federal, state, or local statute,
ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the
Easement Property or adjoining property; or,
51-070474 3
(d) Any lien or action with respect to.any of the foregoing.
9.5 Indemnification and Burden of Proof.
(a) Grantee shall fully indemnify, defend, and hold State harmless from and
against any and all claims, demands, damages, natural resource damages, response costs,
remedial costs, cleanup costs, losses, liens, liabilities,penalties, fines, lawsuits, other
proceedings, costs, and expenses (including attomeys' fees and disbursements), that arise out of
or aze in any way related to:
(1) The use, storage, generation,processing,transportation, handling,
or disposal of any Hazardous Substance by Grantee, its subgrantees, contractors, agents,
employees, guests, invitees, or affiliates in, on, under, or above the Easement Property or any
adjoining property during the term ofthis Easement or during any time when Grantee occupies
or occupied the�Easement Property or any adjoining property; .
(2) The release or threatened release of any Hazardous Substance in,
on, under, or above the Easement Property or any adjoining property,which release or threatened
release occurs or occurred during the term of this Easement or during any time when Grantee
occupies or occupied the Easement Property or adjoining property and as a result of:
(i) Any act or omission of Grantee, its subgrantees,
contractors, agents, employees, guests, invitees, or affiliates; or,
(ii) Any act or omission of a third party unless Grantee
exercised the utmost care with respect to the foreseeable acts or omissions of the third party and
the foreseeable consequences of those acts or omissions.
(3) A breach of the obligations of Subsection 9.3, above, by Grantee,
its subgrantees, contractors, agents, employees, guests, invitees, or affiliates.
(b) Grantee will have use of and access to the Easement Property.
Accordingly, if State seeks to impose liability under Subsection 9.5(a), State will have the initial
burden of proving by a preponderance of the evidence the existence, release, or threatened
release of Hazardous Substances in, on, under;or above the Easement Property or any adjoining
property. Grantee shall then have the burden of proving by a preponderance of the evidence that
none of the indemnification provisions apply.
9.6 leanu . If a release of Hazardous Substances occurs on, in,under, or above the
Easement Property or other State-owned property arising out of any action or inaction described
or referred to in Subsection 9.5(a)(1), 9.5(a)(2) or 9.5(a)(3), above, Grantee shall, at its sole
expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances.
� These actions shall include, without limitation, removal, containment and remedial actions and
shall be performed in accordance with all applicable laws, rules, ordinances, and permits.
Grantee shall also be solely responsible for all cleanup, administrative, and enforcement costs of
governmental agencies, including natural resource damage claims. Any cleanup shall be
performed in a manner approved in advance in writing by State, except that in emergency
situations Grantee may take reasonable and appropriate actions without advance approval.
9.7 am lin . State may conduct sampling;tests, audits, surveys or investigations
("Tests") of the Easement Property at any time to determine the existence, scope, or effects of
Hazardous Substances on the Easement Property, adjacent property, or natural resources. If such
Tests establish the existence, release or threatened release of Hazardous Substances which
51-070474 4
subjects Grantee to actual or potential liability under Subsection 9.5(a), above, Grantee5hall
promptly reimburse State for all costs associated with such Tests.
9.8 Reservation of Rights. No right, claim, or defense either party may have against
third parties is affected by this Easement and the parties expressly reserve all such rights, claims,
and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not
release Grantee from or affect Grantee's liability for claims or actions by federal, state, or local
regulatory agencies concerning Hazardous Substances.
10. REPORTING
Grantee shall, at State's request, provide State with copies of all reports, stuclies, or audits
which pertain to environmental problems and concerns and to the Easement Property, and which
are or were prepared by or for Grantee and submitted to any federal, state, or local authorities as �
required by any federal, state, or local permit, license, or law. These permits include, but aze not
limited to, any National Pollution Discharge and Elimination System Permit, any Army Corps of
Engineers permit, any State Hydraulics Permit, any State Water Quality certification, or
Substantial Development Permit.
11. PRESERVATION OF SURVEY CORNERS
Grantee shall exercise the utmost care to ensure that all legal land subdivisiom survey
corners and witness objects are preserved. If any survey corners or witness objects are destroyed
or disturbed, Grantee.shall reestablish them by a registered professional engineer or llicensed land
� surveyor in accordance with US General Land Office standazds, at Grantee's own ex�ense.
Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of
construction of improvements must be adequately referenced and/or replaced in accordance with
all applicable laws and regulations in force at the time, including but not limited to,
Chapter 58.24 RCW. The references must be approved by State prior to removal of the survey
corners and/or witness objects.
12. TERMINATION OF EASEMENT
Tfiis Easement shall terminate if Grantee receives notice from State that Grantee is in
breach of this Easement and Grantee fails to cure that breach within sixty (60) days of State's
notice. If the breach is not reasonably capable of being cured within the sixty(60) days, Grantee
shall commence the cure within the sixty (60) day period and continue the cure with diligence
� until completion. In addition to terminating this Easement, State shall have any other remedy
available to it. State's failure to exercise its right to terminate at any time shall not waive State's
right to terminate for any future breach. If Grantee ceases to use the Easement Propexty for the
purposes set forth in this Easement for a period of five (5) successive yeazs,this Easement shall
terminate without further action by State and Grantee's rights shall revert to State. This '
Easement may also terminate if Grantee provides State with sixty (60) days written notice of its
intent to terminate the Easement, in a form satisfactory to State. Any obligations of Grantee
which are not fully perfornied upon termination of this Easement shall not cease, but shall
continue as obligations until fully performed.
51-070474 5
,
, �-.
� ' . ,
13. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT
13.1 Existing Im�rovements. On the Commencement Date,the following
improvements are located on the Easement Property: None. The improvements are not owned
by State ("State-Owned Improvements").
13.2 S'ir�ntee-Owned Improvements. So long as this Easement remains in effect,
Grantee shall retain ownership of all improvements and trade fixtures it may place on the
Easement Property(collectively "Grantee-Owned Improvements"). Grantee-Owned
Improvements shall not include any construction, reconstruction, alteration, or addition to any
Unauthorized Improvements as defined in Subsection 13.5 below. No Grantee-Owned
Improvements shall be placed on the Easement Property without State's prior written consent.
13.3 Construction. Prior to any construction, alteration, replacement, removal or major
repair of any improvements (whether State-Owned or Grantee-Owned), Grantee shall submit to �
State plans and specifications which describe the proposed activity. Construction shall not
' commence until State has approved those plans and specifications and Grantee has obtained a
performance and payment bond in an amount equal to 0%of the estimated cost of construction.
The performance and payment bond shall be maintained until the costs of construction, including
all laborers and materialpersons, have been paid in full. State shall have sixty (60) days in which
to review the proposed plans and specifications. The plans and specifications shall be deemed
approved unless State notifies Grantee othenvise within the sixty(60) days. Upon completion of
construction, Grantee shall promptly provide State with as-built plans and specifications.
� 13.4 em v . Grantee-Owned Improvements shall be removed by Grantee by the
Termination Date unless State notifies Grantee that the Grantee-Owned Improvements may
remain. If the Grantee-Owned Improvements remain on the Easement Property after the
Termination Date,they shall become the property of State without payment by State. Grantee
shall notify State at least 180 days before the Termination Date if it intends to leave the Grantee-
Owned Improvements on the Easement Property. State shall then have ninety (90) days in ��hich
to notify Grantee that it wishes to have the Grantee-Owned Improvements removed. Failure to
notify Grantee shall be consent that the Grantee-Owned Improvements may remain on the
Easement Property. If the Grantee-Owned Improvements remain on the Easement Property after
the Termination Date without State's consent,they still will become the property of the State but
the State may remove them and Grantee shall pay the costs of removal and disposal upon State's
demand.
13.5 iJnauthorized Improvements. Improvements made on the Easement Property
� without State's prior written consent or which aze not in conformance with the plans submitted to
and approved by State ("Unauthorized Improvements") shall immediately become the property of
State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements,
State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee
rent for the use of them, or both. If Grantee fails to remove an Unauthorized Improvement upon
request, State may remove it and cliazge Grantee for the cost of removal and disposal.
51-070474 6
14. INDEMNITY
Grantee shall indemnify, defend, and hold harmless State, its employees, officers, and
agents from any and all liability, damages (including damages to land, aquatic life, �nd other
natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees),
penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control
of the Easement Properry by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, except as may arise solely out of the willful or negligent act of State or
State's elected officials, empioyees, or agents. To the extent that RCW 4.24.115 applies, Grantee
shall not be required to indemnify, defend, and hold State hannless from State's sole or
. concurrent negligence. This section shall not in any way limit Grantee's liability under Section 9,
above.
15. INSURANCE
At its own expense, Grantee shall procure and maintain during the Term of this Easement
the insurance described in Subsections 15.1 and 15.2, below. This insurance shall be issued by
an insurance company or companies licensed to do business in the State of.Washington which
�� � ��
have a B+or better rating in Best s Insurance Reports or a comparable rating by an.other rating
company acceptab.le to State.
15.1 T,y:Des of Required Insurance.
(a) Liability Insurance. Grantee shall procure and maintain public liability �
insurance covering all claims for personal injury or property damage arising on the Easement
Property or arising out of Grantee's operations. The liability insurance shall be in the form of
marina liability insurance, commercial general liability insurance, or both, as applicable. Limits
of liability shall be not less than $1,000,000 for each occurrence and not less than$2,000,000
annual aggregate. Such limits may be achieved through the use of umbrella liability insurance.
State may impose changes in the limits of liability:
(1) At the same time as any adjustment in the annual use fee;
(2) As a condition of approval of assignment of this Easement;
(3) Upon any breach of Section 9, above; or,
(4) Upon a material change in the condition of any improvements.
New or modified insurance coverage shall be in place within thirty (30) days after
, changes in the limits of liability are required by State. The liability policies shall contain a
cross-liability provision such that the policy will be construed as if sepazate policies were issued
� to Grantee and to State.
(b) Phvsical Prope , Damage Insurance. Grantee shall procure and maintain
physical property damage insurance covering all real and personal property located on or
constituting a part•of the Easement Property in an amount equal to at least one hundred percent
(100%) of the replacement value of all improvements on the Easement Property (regardless of
ownership). Grantee may obtain such insurance on an "Agreed Value" basis. Such insurance
may have commercially reasonable deductibles. Any co-insurance provisions of the policy will
be endorsed to be eliminated or waived.
(c) Worker's Com�ensation Insurance. Grantee shall procure and maintain:
51-070474 7
1 � Y i
(1) State of Washington Worker's Compensation coverage, as
, � �.��.
a licable with res ect to an work b Grantee s em lo ee§on or about the a
pp , p y y p y E sement Property
and on any improvements and,
(2) Longshore and Hazbor Worker's Act and Jones Act coverage, as
applicable, with respect to any work by Grantee's employees on or about the Easement Property
and on any improvements.
(d) Builder's Risk Insurance. Grantee shall procure and maintain contingent
liabilit and builder's risk insurance in an amount reasonabl satisfacto to State durin
Y Y rY g
construction, replacement, or material alteration of the Easement Property or improvements on
the Easemerit Property. Coverage shall be in place until the work is completed and evidence of
completion is provided to State. �
15.2 Terms of Insurance. The policies required under this Section 15 shall name State . �
as an additional insured (except for State of Washington Worker's Compensation coverage).
Grantee shall provide certificates of insurance and, if requested, copies of policies to State.
State's receipt of such certificates or policies does not constitute approval by State of the terms of
such policies. Further, all insurance policies described in Subsection 15.1 shall:
(a) Be written as primary policies not contributing with and not in excess of
coverage that State may carry;
(b) Expressly provide that such insurance may not be materially changed,
amended, or canceled with respect to State except upon forty-five (45) days prior written notice
from the insurance company to State;
(c) Contain an express waiver of any right of subrogation by the insurance
company against State and State's elected officials, employees, or agents;
(d) Expressly provide that the insurance proceeds of any loss will be payable
notwithstanding any act or negligence of Grantee which might otherwise result in a forfeiture of
said insurance; .
(e) Expressly provide that State shall not be required to give notice of
accidents or claims for which State has no liability for premiums; and,
(fl In regazd to physical property damage and builder's risk coverage,
expressly provide that all proceeds shall be paid joinily to State and Grantee. ,
15.3 State's Acquisition of Insurance. If Grantee fails to procure and maintain the
insurance described above, State shall have the right to procure and maintain substitute insurance
and to pay the premiums on the insurance.
16. � TAXES AND ASSESSMENTS
Grantee shall promptly pay all taxes, assessments and other governmental charges of any
kind whatsoever levied as a result of this Easement or relating to Grantee's improvements
constructed pursuant to this Easement.
17. ADVANCE BY STATE
If State advances or pays any costs or expenses for or on behalf of Grantee, including but
not limited to taxes, assessments, insurance premiums, costs of removal and disposal of
unauthorized materials, costs of removal and disposal of improvements, or other amounts not
51-070474 8
paid when due, Grantee shall reimburse State the amount paid and shall pay interest on such
amount at the rate of one percent(1%)per month from the date State notifies Grantee of the
advance or payment.
18. NOTICE
Any notices required or permitted under this Easement may be personally delivered,
delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the
following addresses or to such other places as the parties may direct in writing from time to time:
To State: DEPARTMENT OF NATURAL RESOURCES
South Puget Sound Region
' 950 Fazman Street North .
PO Box 68
Enumclaw, WA 98022-0068
To Grantee: CITY OF RENTON
200 Mill Avenue South
Renton, WA 98055
A notice shall be deemed given and delivered upon personal delivery,upon neceipt of a
confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
forth above, whichever is applicable.
19. ASSIGNMENT
Grantee shall not assign its rights in the Easement or grant any rights or franchises to
third parties, without State's prior written consent. State reserves the right to change the terms
and conditions of this Easement upon its consent to any assignment.
20. SUCCESSORS AND ASSIGNS
This Easement shall be binding upon and inure to the benefit of the parties,t�eir
successors and assigns and shall be a covenant running with the land.
21. TIME IS OF THE ESSENCE
� TIME IS OF THE ESSENCE as to each and every provision of this Easement.
22. RECORDATION -
Grantee shall record this Easement in the county in which the Easement Property is
� located, at Grantee's sole expense. Grantee shall provide State with recording information,
including the date of recordation and file number. Grantee shall have thirty (30) days from the
Commencement Date to comply with the requirements of this section. If Grantee fails to record
this Easement, State may record it and Grantee shall pay the costs of recording, including
interest, upon State's demand.
51-070474 9
23. APPLICABLE LAW AND VENUE
This Easement shall be interpreted and construed in accordance with and shall be subject
to the laws of the State of Washington. Any reference to a statute shall mean that statute as
' presently enacted or hereafter amended or superseded. Venue for any action arising out of or in
connection with this Easement shall be in the Superior Court for Thurston County, Washington.
24. MODIFICATION
Any modification of this Easement must be in writing and signed b the arties. State
Y P
shall not be bound by any oral representations or statements.
THIS EASEMENT is executed as of the_day of 19_.
STATE: GR.ANTEE:
STATE OF WASHINGTON CITY OF RENTON
DEPARTMENT OF NATURAL
RESOURCES
By: By:
BONNIE B. BUNNING GREG ZIMMERMAN
Its: South Puget Sound Region Manager Its: Administrator
Dated: Dated:
sWCardoza/220498.eas �
PROOFED
51-070474 10
STATE OF WASHINGTON)
) ss.
COUNTY OF ( )
I certify that I know or have satisfactory evidence that BONNIE B. BLTNN�NG is the
person who appeared before me, and is the South Puget Sound Region Manager of ihe State of
Washington Department of Natural Resources. I further certify that said gerson acknowledged
' the foregoing to be the free and voluntary act of the STATE OF WASHINGTON "
DEPARTMENT OF NATiJRAL RESOURCES for the uses and oses mentioned in the
P�P
instrument, and on oath stated that she is duly authorized to execute and acknowledge said
instrument.
DATED:
(Type/Print Name)
Notary Public in and for the State of Washington
residing at
My Commission Expires
51-070474 11
I
STATE OF WASHINGTON)
) ss.
COUNTY OF ( }
I certify that I know or have satisfactory evidence that GREG ZIMMERMAN is the
person who appeazed before me, and is the Asministrator of City of Renton("Grantee"). I
further certify that said person acknowledged the foregoing instrument to be the free and
voluntary act of the Grantee for the uses and purposes mentioned in the instrument, and on oath
state that he is duly authorized to execute and acknowledge said instrument.
DATED:
(Type/Print Name)
Notary Public in and for the State of Washington
residing at
� My Commission Expires
51-070474 12
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- MITIGRTtON PLAN
CEDAR RiVER SECTION 205 FLC}C1D �AMAGE �tEDUCTION PRU.lECT
RENTON, V1/ASHINGTON
LEAS� NO. 51-070474—EXHIBIT B
BACKGROUND
The proposed Cedar River Section 205 F(ood Damage Reduction Praject is located in
and along the lower 1.23 miles (200Q m) of the Cedar River in Renton, Washington.
This portion of the river is an artificially construc#ed channel built in 1912-1914 by the
Commercial Wa#erway Dis#ric# Number Two. The river flows in#o the e�ctreme southern
end of�ake Washington. This channe! has beer� penodically dredged, by#he
Waterway Qistrict (�ntil 1956} and subsequently#he City of Renton (1956-'!983). This
maintenance dredging typically lowered the channel battom to approximately 10 feet
lawer than the current condition. Dredging has not occurred since 1983, Adjacent to
the lower river is ex#ensive industrial and commerciai develapment, inciuding the
Renton Municipai Airport and the 8oeing Company#acifity.
Sediment is readiiy depasited in the lower Cedar River because the gradient is !aw and
wa#er velocifies are reduced in this area. Sedimen# modeling indicafes that the channel
i�as been fil(ing in at a rate af 0.'f�1.i7 feet (�.03-0.3 m) per year on average. Current
river channe( capacity is reduced to such an extent that the 1eft bank (facing
downstream) floods at <�200 cfs (approximately a 1.6 year event) and the right bank
floads at 8000 cfs (approximately a 23 year event). The sediment ioad coming down
I the river cantinues ta be very high and it has been estimated that in less than 20 years,
the Cedar River will no longer convey even normal winter flows and wil( b�eak out of the
channel, onto the airport and other paved surfaces.
The reduced channe! capacity also pases a serious threat to fishery resaurces. When
the channe! can no lor�ger contain even norma! win#er flows, there would likely be .
significant numbers o#fish s#randed ort the airport or the river might not be accessible to
anadramaus fsh. Various polfutants frorn the adjacent airport and Boeing wou(d also
� likely be frequently washed, or leached, into the river and �ake Washington.
PROPUSED PRC}JECT
Several aiternatives wer-e._evaivated in the draft and finai Environmental Impact
Stafements (E1S) for this project (USACCJE, March &August 1997}. The prefierred
altemative, far which this mitigation plan has been prepared, woufd require dredging an
average of four feet (1.2 m) of sediment from the channei from the mouth up to �ogan
Avenue (5600 ft [1700 mJ) and then s(oping fhe dredged depth up to zero #o meet the
existing gradient at Wil(iams Avenue (800 ft [240 mj upsfream of Logan Avenue}. A
tota! of '125,000 to 160,000 CY would be removed. Additianally, levees or floodwails '
would be required along bo#h banks from Williams Avenue dawn to the mouth. A low -
� � I
l
�
I
berm� wouiti be construc#ed on the left bank from 1000 feet (330 m} down to the mouth
ta comply with FAA safety regulatians for fhe airport. Bank protection {rock) would be
p(aced below ardinary high wate�on the left bank (2600 CY) below Logan Avenue for
approximateiy 9001inear feet (120 m) to prevent continuing erosion af the airpor� road.
The south Boeing bridge (3900 ft [1100 m] upstream ofi#he mouth) would be modified to
be hydraulica(ly jacked above the 100 year fiinod water surface e(evation during
I flaoding. Levee openings at the south Boeing bridge would be closed with movable
� structures during floods. The channel would require periodic maintenance dredging
� every three to ten years of approximately 170,000 CY to maintain the au#horized
channel depth.
The only work to be perfoRned in-wa#er would be the dredging, placement of 900 lineal �
feet a#rock (2600 Cl') and 43 CY af concrete will be added to the existing sauth Baeing
bridge piers {ta strengthen the bridge for added hyciraulic features}. Utility lines wil! be
� buried under the rlredged channel {designed from 5 feet to a minimum depth of 2 feet
� befow the designed channel bottam}. These include #hase utilities curren#ly located on
the south Baeing bridge (4" sanitary farce main, emergency water, e(ectrical, etc.}, arrd
� a 16"water main crossing. A11 'tn-water work wiii be performed during the perrod fram
� June 15 thraugh August 3'i to avoid disruption of salmon migrations. A cancrete
� retaining wafl (50 CY} will be constructed adjacent to #he trail under Logan Avenue to
replace the temporary sand bags which protect the traii. This wall wiii be constructed
out af the water during the summer, but is (ocated below ordinary high water. The
levees and floodwa((s wil( be set back fram the bank edge from 5-100 feet aiong the
airport road or in the Cedar River Trail Park. No wetlands are in the project area.
The method of dredging proposed will be by backhoe and excavator (see Fi�ure 7).
Part of the dredging wil! occur ouf of water and part wil! be in-water. No migratory fish
are expected #o be in the vicinity during dredging. !t is anticipated that the proposed
dredging method wi!! take 45 days, with campletion in early August.
I Best management practices will be employed during constructian, such as the use of
� haybales and silt fences ta prevent s#ormwa#er eunoff trom the uplands into the river.
� The equipment used #ar dredging will be inspected regularly to ensure no fluids are
leaking. All warft will camply with the City of Renta� Aquifer Prateetion Program. Tt�e
bridge additians (concrete} wi11 be protected from cantact with the river by th�: use of
doub(e wa(led waoden farms. Water which enters the first wail wi1! be pumpPd #o a
haiding tank, for appropriate ciisposal. Other best rnanagement practiees requested by
the resource agencies wiii be implemented. .
Impacts on #he environment have been avoided and minimized to the maximum exfent
practicable while still accomp(ishing the project purpose. The dredging depth has been
� minimized, all work will occur from June 15-August 31 ta avoid migrating salmon.
' The!ow berm is designed ta overtop at floads greater than a 104 year even#to prevent darnage to
Boeirtg and other building further upstrearn._
�
�. — — _ —
, ' . ;
r.� .. -��, : >., . .�.. F
� ��' - .. d , .
H�owever, as a resuSt of thss fioad control project several unavoidable adverse impacts
to the environmer�t will stil( likefy occur: �.
• ioss of 2300 lineal feet (700 m} of adult salmon spawning habitat (primarily sockeye)
between 1000 feet (300 m} and 33a0 feet (1000 m} upstream af the mautf� which
will be inundated by (ake backwater during much of#he spawning season (i.e. wiii
have reduced water velocities and increased deposition of fine sediments};
� an unquantified increase in predation on sockeye and chinook fry in the (ower river
related ta increase of prickly sculpin habifat be(ow;
� periodic loss of 45,Q00 ft2 (4100 m2) caf bank scour pool halding habitat for adult
salmon and trout;
• increase of 253,040 ftz �23,230 m2) of prickly sculpin habitat due to the lake
backwater increase which may increase preda#ion on sockeye and chinoak fry in the
lower river;
• an unquantified dec!'srie sn aquatic inverte�rate diversity and abundance due to the
periodic dredging; and .
* unknown effects on lamprey (unknown if species obsetved is river or brook)
papulatian due ta periociic dredging.
Safmon Spawning Habitat
The loss of adufit salmon spawning habitat is difficuit to quantify because the channel
bottom in the Iower river changes sub�tantiaify frorn year ta year. The Washington
Department of Fish and Wi(dlife conducts yearly surveys of sackeye spawners (adult
fish) throug�out the Cedar River�. Prior to 1996, the sfate did not survey downstream
I of rivermile 3 because spawning in the iower river had never been observed in
significant numbers. In 1996 and 1997, the sfate did survey the lower three miles of the
river. Corps' staff canducted redd surveys (as feasible due tc, flow canditions) in the
lowe� 1.25 miles of the river from 9 994-1997. The state surveys may overestimate the
number of spawners, especially in the lower river �below RM 2), because it is not
generally known if the fish wil! spawn in the reach they are caunted in or if they are
moving further upstream #o spawn. Sockeye continued #o move into higher reaches of
the river throughout December and January {fish were observed spawning in Elliot
. channe! (RM 4.5] sn .lanuary 3 998). The Cnrps surveys may underestimate the #otal
number of redds/spawners in a reach because of ihe difticulty of distinguishing redds
(when there are large numbers of spawning fish in a reach} and the infrequency of
su�veys (approximately monthly). Table 1 shows nsambers af redds observed by Corps'
staff on sampling dates shawn. WDFVIJ counted 1 T,OOCI fish from the library {RNf 1.5,
240t3 m} down fo the mouth of the river during their surveys in 1997. Tfie area expec#ed "
to be inundated by lake baekwater, downstream of the south Boemg bridge, is :
approximately 45°!0 of the tatal river channel habitat from the library to the mouth.
However, spawning is concentrated befween the iibrary and Logan Avenue, so the
2 Chinook and coho salmon spawning has generally not been seen in the Eower river and may be related I
to the higher temperatures and genera!!y continuous glide hab'stat in the lower rive�which is not preferred I
for spawning. ,
effective spawning downstream of the south Boeing bridge would be signifi�antly Iess
than 45% of the iawer river spawners �based on redd caunts, about 11°!o of the
spawning in the lower river).
� . - - . � � � � i � � � � � � i � 'I
11/1/94 0 25 99 ;
11/16194 0 129 334 ,
12/12J94 26 85 29
1994 Cumulafive 26 239 462 �
10/5/95 p � g I
� 10/18/95 1 90 69
'i 1I3/95 1 115 182 I
1995 Cumulative 2 206 254 I
'i 0/2/96 1 67 245
11/1196 233 1024 $54 �
9996 Cumulative 234 �Qg� �p9g
10/16/97 5 23a 665 I
Accordingly, it is reasanable to assume that more salmon spawn in the tower 1.2 miles
of the river than #he Corps' da#a indicates, but likely many fewer than the Wi�FW counts
show. Prior to 1996, very few redds had been abserved in the lower reach af the river,
most especially belaw the south Baeing bridge (RM 0.7, 1100 m), where the conditions
were generally poor for spawning. Grain size analysis af the sediments in 1994 (NHC,
1995) showed that most reaches of the lower mile of river had 17-21% fines.
Concentrations of fine sediments g�eater than 12% af the total may impair s�lmon egg
surviva! (NWIFC, 1994). !t is unknawn what the sunriva! of eggs to fry is in t�e lowest
reach af#he Cedar, but is not expected #o be high.
For mi#igation purpases, we have assumed that the 233 redds observed in '(996 in the
lower below 1000 m represents the peak spawning far the reach below the �auth
Boeing bridge and that twice that number(466 redds) would be a reasanable es#imate
af tota! spawning in that reach in 1996. Spawning in 1997 viras much mare extensive in
- the lower 1000 m, likely due to a large graveE bar which was deposited in #he lower
river, ff we#ake#he 17,000 fsh observed bebw the library and estima�e 24% of those
I fish spawned befow 1000 m, an estimate af 3,400 fish (or 1,700 females} appears to be
a reasanable estimate of maximum total spawning below the south Boeing bricige for
1997.
This one time high (evel of spawning activity in the lower reach of the river is iikeiy �
related to the previaus winte�s flows, in that the substrate size and amount af
I deposition is related to peak and sustained winter flows each winter. (n the winter of
1996, flows were sustained for several weeks at approximately 2000 cfs. Thais is an
ideal flaw to deposit a significant amount of sediment (gravel) in the lower mile of#he
river, and sunreys show that 0.5 feet of g�avel, on average, accumulated in t�e lowe�
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mile since 'i994. Such an ideaf accumulation of gravel wou{d nat be likely to occur
foliowing winters w':th either typicaEly higher or lower#iows. Higher flows wauld scaur
portians of the lower river and carry gravels aut into Lake Washington: �ower€iows
wauld not mave gravel sized particles and would tend to deposit sands and fner
materials in the iower reach. in other words, the disfributian af good spawning habitat
changes significantly from year to year. Therefore, even though ideal spawning habitat
occurred in the (ower 5 miies of the Cedar River in the fall of 1997 we couid not expect
that habitat to remain unchanged in fhe future.
Due to the impartance c►f the sackeye salman run and the declines it has experienced in
the last 15 years, it is impartant to be conservative when planning cempensatory
mitigation fos-the loss of spawning habitat. Therefore, even though the estimate of
' 3,400 fish (1,704 females} is an unprecedented number of fish spawning in the lower
reach of the river(and perhaps unrepea#able}, it is nevertheless appropriate for use in
pfanning compensatory mitigation in arder to avoid exposirrg the sockeye population to
an undue risk of reduced surviva! and #o ensure greater survival in spite of increased
predation pressure in the lower river. This plan proposes to pravide an aitemate
spawning area for 2000 sockeye salmon females, in arder to fulfy campensate far the
lass of spawning habitat and to provide ir�creased production to counter increased
predation in the iower river.
PREOATOR PtJPU�ATiUNS
This project wi(I increase the area of fhe iower river affected by (ake backwater
I influences (2300 lineal feet; 700 m) and wi(( provide additiona( habitat suitable for
predators of safmon juveniles and fry. Such predators inc(ude prick(y scu(pin (fry
predators), resident trout, non-native species. Trout and many of the non-native
species are not currently present in large numbers in the lower river. Prickly sculpin
_ appear to be the primary predator on sockeye fry and possibly chinoak fry. The lake
backwater influence wil! tend #o provide more availab(e habi#at for prickly sculpin while
decreasing suitable habitat for coastrange and tor�ent sculpin currently present in #he
area. Goastrange and torrent sculpin are alsa predators of salmon fsy, but#end to be I
. smaller and present in fewer numbers and may nat exert the same predatian pressure
an safman fry as prickly sculpin da. Caho safmon smolts rnay also tempararily feed on
sackeye and chinoak fry while transiting through the lower river. In order to er�sure no
sign'rficant decrease in survival of either sockeye or chinook populations, it is
appraptiate to mitigate for this unquan#ified likely incre.ase in preciatian pressure.
PROPGISED CtJMPENSATtJRY MiTiGATitJN_
The proposed compensatory mifigation is composed of three_ major eiements described
below. Eiements 1 and 2, below are proposed to compensate for expected adverse �
impacts to salmon spawning habitaf, adult holding habitat and increased predation on
sockeye and chinook fry. Element 3, below, is proposed to compensate for expected �
adverse impacts to the aquatic ecosystem and food web (especially invertebrates, j
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secondarily for iamprey} anci adult holding habitat. The decision ta include off-site
mitigation eiements was made because of iimited space adjacent to the lower river and
concerns regarding urban poilutants and high sedimentafion rates in tFte fawer river. An
. aiternate saimon spawning site adjacent to the dredged area wouid have been unlikely
to succeed due to sedimen# deposition concerns. Therefare, compensatory mitigation
at ti�e project site is (imited to riparian plantings.
1) Construct a groundwater fed spawning channel for sockeye salmon �pstream of
the project reach at approximately RM 5 in an undevelop�d floodplain area along the
left bank. This channe! wi!! have an effective spawning area �channe! bottom area) of
24,000 ftz {22Q0 m2) plus a pool at the upstream end. Spawning densi#y is expected ta
be range from�Q.9 females/m2 to 1.3 femaleslm�, which has been abserved at the �
� adjacent E!liot channel canstructed by King County {G. l.uccetti, King Cour�ty, pers.
� comm.}. The proposed channel will provide altemate spawning habitat for an estimated
� 'i 980-2860 females and may provide same rearing habitat at its mouth €or other safmon
� juveniles.
jThe channei wiii be approximately 1060 €eet fang and typically 20 fieet wide (channel
� bottam} with 2 or 3:1 sideslopes and a gradient of 0.26°!0. The substrate wiil cansis# of
� appropriate sized gravei and the banks wiil be stabiiized with vegetation (wiiiows, devii's
� club, etc.).. The channel mauth will be protec#ed from erosion and sedimenfiation on the
upstream side by a cluster of(arge woody debris (LWD) or a sma(i rock groin. (See
( figures 9-12 for channel details.) Conifiers and other native vegetation wiii be
underplanted for 100 feet (30 m) on either side of#he new channei to improve #he
floodplain and pravide a buffer for the channel. An approximately 8' wide gravel path /
maintenance access wi11 be provided with the channel. The access will be designed ta
avoid in#erference with the spawning channel. Two controlled access observation
points and an information kiosk (roofed sign board) wil! also be included. A�cc�ss to the
channe! w'sl! be limi#ed #hrough the use of structura! features and barrier plantings (such �
as Devi('s Club and Hawthorn).
� 2) Large woady debris {�WD} wil! be placed along the !eft bank of the Cedar River
- far the entire length of the mitigation site praperty {appraximately 1040 line�l feet, see
� Figures 9,10). This LWD will be held in place by cabling to buried rock or logs. The
LWD wi11 point downstream at an approximate angle of 45° in order to pramo#e scour on
the downstream side of the logs to form pools which can be used by juvenile chinaok,
coha and steeihead and adult salmon of ail species. This eiement is primarily intended
ta provide rearing habitat fiar migrating chinook fry in order increase their fitness and
thus to compensate for possible increased predation on fry at the mouth of the river. ,
This mitigation will help ensure that no incidental "take" of chinook occurs as a result af
the praject. Exact placement of woody debris wi(I be coordinafed with inter�sfed
boaters.
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3} The right bank of the river will be vegetated with native trees and shrubs from
1100 m (imme�iately downstream of the south Boe'rng bridge} ta the mauth. Four
openings wil( remain for public access. The ieft bank of the river fram C.ogan Avenue to
2000 feet (600 m) upstream of the mouth wiii be veg�tated with wi(lows and other
shrubs. (See Figure 13 for detaiis.) This element is intended to provide nutrients to the
lower river system for aquatic food web �nrichment (inver�ebrates and resident
� fish/lampreys) and ta provide shading and bank scour habitaf for sa(mon feeding and
� halding. See table on Figure 13 for density and species details. �
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( References:
� Mar#z, M., .3. Dilion & P. Ghigbu. 199fi. 399fi Longfin Smelt (Spirinchus fhaleic�ithys)
� Spawning Survey in the Cedar River and Four Lake Washington Tributaries. Technical
Appendices fo�the draft Environmental impact Sta#ement Cedar River Section 205
Flood Damage Reductian Study.
No�thwest (ndian Fisheries Commissian (NWiFC}. 1994, T'rmber-Fish-Vlridlife Ambient
f Moni#oring Program Manua(. aiympia, WA.
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MONITORING AND CONTINGENCY PLAN �
CEDAR RIVER SECTION 205 FLOOD CONTROI. PROJECT
� RENTON, WASHWGTON
(
� This monitr�ring and contingency plan is proposed to ensure that the conclusions drawn
� in the fina! Enviranmental lmpact Statement (USACE, 1997} and the proposed
compensatory mitigation elements adequately address any significant environmental
impacts frorn the flood contro! project. The significant adverse impacts.identified in the
E!S are described in the mi#igation plan. Additiona!!y, there are two types of impacts
that were not considered significant, but manitoring is warranted to supplement the data
that was used to determine the impacts were not significant. These two non-significant .
, impacts were: '
,' 1) the conc(usion that langfin smelt would not be adversely affected by the project
because the three years of data of smelt spawning indicated that spawning occurs anly
� in areas af law ve�oci#y. The prajee# is expected to expand the smelt spawning habitat
� dsae to a reduction 'sn velocities #or an additional 23Q4 feet upstream.
2} the proposed mitigation plantings af trees and shrubs along both banks af #he
lower river wi11 nat increas� "nuisance bird" populatians ar their use of the ar�ea.
"Nuisanee birds" are defiined as birds that affect airpart aperations and inciude seagufls,
Canada geese and coats, or other flocking birds. It is expected that the dredging
activity and the addi#ianal trees and shrubs wiil reduce nuisance bird papulatians and
j use ofi the area because these species tend ta like open grc�und ar grave{ bars for
j loafing. The mitigation plantings will not change the open habitat available at the .
( airport.
. Severai studies are proposed for tFris monitoring plan and will be perfarmed by Corps'
staff or its contractors. Every year in which monitoring is conducted, a summary of
results and observations and any photographs wiii be submitted ta#he City, resource
f agencies and the tribe.
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� � 1} Vegetation monitoring to ensure survival ofi mitigation piantings anci ta determine
if maintenance activities to remove non-native invasive piants shauid be undertake�. ln
years 1,2 and 5 following insta(iafion of the piants in the Gedar River Traii Park, the left .
bank adjacent ta the airport and the upstream mitigation site, the piantings vdifi be
evaluated for percent cover, canopy cover, and percent survival. 1n the.tower river, the
plan#ings will be assessed in.3.33 m (11 ft) diameter circu(ar plots every 10� meters
(33Q ft). Additionally, permanent photo points wi(I be established (minimum ofi 5 an
each bank) to assess the ove�all vegetation, in order ta ensure t�iat the 100 m piots are i
represen#ative af the entire area. �
Vegeta#ion gercent cover shauld be in the range of 40-60% in year 1, 60-75% in year 2,
and 75-9Q°/4 in ear five, Percent survival should increase similar to percent cover and
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temain steady above 90-95% after year 5. Supp(eme�tai plantings wi(i be required if
mortality decreases density significantiy.
2) Bird use of the area will be monitored to evaluate whether "nuisance" bird
papulations and behavior have changed as a result of the vegetation plantings and �
dredging. Pre and post-construction bird counts and observations wil( be compared.
Surveys will be conducted in years 1 and 2 after canstruction by a Corps' wildlife
biolagist. At least one early morning, mid-day and evening survey will be conducted
each month of the year. Effort will be primarily focused on the lower 3500 feet (1100
m� of the river (downstream of the south Boeing bridge) to specifically abserve use af
the park, delta and airport as compared#o the new mitigatian plantings in the park.
3� unorkel surveys of the upstream mitiga#ion sits riverbank will be canduc#ed to
determine if the large woody debris placed in the channe! is creating suitable habitat fo�
� chinook €ry and juveniles {i.e. pools), and to document habitat use by chinook or other
, salman species. These sunreys wi1( be conduc#ed in years 1,2,3 and 5 after
construc#ion. Surveys wiq occur biweekly from March - June.
4) The upstream mitiga#ian si#e (spawning channe!} will be monitored for spawning
in the falUwinter and for surviva! of eggs to fry in the spring. �pawner sunreys will be
conducted in years 0,1,2, and 5 after canstruction. These surveys wifl be conducted
biweekly from Septemb�r through December. In years 1,2, and 3 after constructio� the
fry will be monitored to estimate surviva! of eggs to fry in #he channel. A trap' wil! he
installed at the lawer end of the channel approxsmately one night per week fram March
#hrough June to determine numbers of fry migrating out of the channel and es#imate
egg ta fry survival. The srabstrate alang #he entire channel length w":11 be v'ssuafly
abserved twice yearly to deterrnine if fine s�diment is accumulating in the channe( and
ance yearly sediment sampies wiii be taken (maximum of 5} ta determine grain size
distributian. Percent caver and percent survivai of planted areas wili be monitored
similar to the park site as described 'rn #1, above.
5) Sackeye spawning surveys wiil be conducted in the iower 200a m (1.25) mi(es of
the river in years 0,1 and 2 faliowing constr.uction, simiiar to the Carps' previous
- surveys. Surveys wi1( be conducted biweekiy from mid-September through December
as feasible depending on fiows. Redds and fish wil( be counted by river reach as
previousiy conducted.
6) To verify tF�at iongfin sme(t is not adversely impacted, eggs wili be collected for
longfiin smeit in years 1,2 and 4 fo(lowing cons�ructian (one low year and two high year
populations). Eggs will be samp(ed af 300 m transects from the delta up tc� 1 S00 m and
at Carka Theater by use af a Surber net, similar to the study conducted in 1996 (Martz,
et a1, 1996). Three samples will be col(ected at each transect on a monthiy basis from
`The trap may aonsist of a fine•meshed box trap with wingwalls ar a scoop-type#rap, simiiar to but much
smallar than,the state's fry trap in the.iower Cedar River. Various trap designs wi11 tikely be
experimenteci wifh in#he first seasan of sampling.
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Tate January to May. Egg abundance, distribution and surviva( wi(( be compared to the
pre•dredging studies.
It is assumed that some maintenance wil( be required for all the mitigation elements
even if they are functioning as designed. The City of Renton will typica(ly be
. responsible for all aperation and maintenance activities. The groundwater fed channel
may require periodic cleaning ta remave excessive plant litter or fine sediment buildup.
This may be required approximately every 5 years. The large woody debris may
require infrequent replacement if a piece degrades or breaks free and goe� .
downstream. This may be required every 5-70 years. During the first five years
following construction some replacement of plants may be required due to mortality.
After five years, it is expected that.the remaining plants will begin to form a sufficiently
dense canagy.
Contingency Plans
!f any a#these monitoring studies, during any year of monitoring, shows that the flood
contral project is having a more significant ertvironmenta! impac#than was assumed, ar
that the mitigation sites are not func#ioning as designed, then contingency planning
must occur between the �arps, Gity o# Rer�tan, MIlT, USFWS, WDFW and WDQE.
Also, if the monitoring demonstrates that the mitigat'son implemented #or this project
provides benefi#s well in excess of any identified impacts, Rentan and the above
agencies w'sll determin� if mitsgation credit may be given to Renton for futur� projects.
Contingency plans may include one or more o# but are no# limited to the fallowing
additional mitigation measures:
Far uneompensated irnpacts to salmon spawning habitat or fry survival:
`� , Increase size ofi upstream groundwater fed spawning channel, as feasibl�.
Maximum increase at the current site is likely ta be approxirnately 5000 ftZ {460 mZ).
• Creation/reconnectron of side channel habitat alang the mainstem Cedar River,
possibly at the current upstream mitigation sife or a simiiar focation. Primariiy
� intended far chinoak rearing.
� • Creation of second groundwater fed spawning channe( at a different iocation from
the first channel. 5ites could include property across the river from EI(iot channel, or
other sites in the vicinity. Other sites may require additional rea( estate acquisition
or easements.
� Reduction of light levels along the lower Cedar River to reduce predation and �
encourage migration of salmon fry.
• Habitat crea#ian flr enhancement at#he mouth of the Cedar River or in Lake
Washington to reduce predation on salmon fry. Such a proposa! wauld be designed
to not have any adverse impacts on flood canveyance.
}
• Additiona( placement of large woody debris along the river banks, adjacent to ar
upstream of the mitigation site, if found to be suitable for chinook fry rearing.
• Placement of clean gravel (dredged material) upstream to provide improved
spawning habitat upstream of the dredged reach. Quantities and locations to be
determined, but would likely be in the range of 10,000-25,000 CY. Placement of
large woody debris or sills in the river cancurrently would likely help to retain tha#
grave! in the upstream areas. Such a proposal would require negotiation with DNR,
King County and landowners in #he vicinity.
For uncompensa#ed impacts to long#in smelt: � .
• Greation of shallow water benches in the lower river (likely downs#ream o# the boat
ramp}, might require same excavatian in the park t� ensure no effect an fload
conveyance. Aquatic weeds {milfail} cauSd be a problem in #his area.
• Possible restoration of,habitat in other �.ake Washington tributaries for smelt use,
i.e. iow velacity habitat in shaifaw water. Corps surveys (i 996) have shown that
smeit do use other tributaries including May, Coai, Juanita and MeAieer Creeks.
j For unanticipated problems with "nuisance" birds and airpc�rt traffic.
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� Piacement ofi netting around delta and lakeshore af airport. �
• Lethal bird reduction measures.
• Remova! of selected vegetation if warranted. Alternate mitigatian would be required
; � for aqua#ic ecasystem and food web im�acts. Possible increase of vegetatian if
' found to be effective at contro!linglreducing "nuisance bird" papulations.
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia,Washington 98504
AGREEMENT FOR PURCHASE AND REMOVAL OF
ROCK, GRAVEL, SAND,AND SILT FROM
STATE-OWNED AQUATIC LANDS
31-070471
TABLE OF CONTENTS
SECTION PAGE
1. GRANT OF RIGHT OF ENTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. CONDITION OF PROPERTY AND VALUABLE MATERIAL . . . . . . . . . . . . . . . . . . 1
3. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4. PERMIT'I'ED USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5. PURCHASE PRICE AND PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5.1 Fixed Minimum Annual Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
5.2 Roya�Pa�ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5.3 Adjustments to Royal , Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5.4 Re�orting and Pavment for Valuable Material Removed . . . . . . . . . . . . . . . . . . . 2
5.5 Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5.6 Late Chaz�e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5.7 Interest Penalty for Past Due Pavments and Other Sums Owed . . . . . . . . . . . . . . 3
5.8 No Counterclaim}Setoff, or Abatement of Fixed Minimum Annual Payments,
Royalty Pavments. and Other Sums Owed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
- 6. PLAN OF OPERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7. STATE'S RIGHT TO GRANT EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8. ENTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . 4
9. TRANSFER OF PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10. CONDITION ON TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
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11. RESTRICTIONS ON USE . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . 5
12. COMPLIANCE WITH LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13. ENVIRONMENTAL LIABILITY/RISK ALLOCATION . . . . . . . . . . . . . . . . . . . . . . . . 5
13.1 e miion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13.2 Use of Hazardous Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 5
13.3 Current Conditions and Dutv of Utmost Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13.4 Notification and Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.5 Indemnification and Burden of Proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.6 leanu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13.7 am lin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13.8 Reservation of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
14. IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
15. INDEMNITY, FINANCIAL SECURITY, INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . 8
15.1 ndemni . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15.2 Bond or OtherSecuritv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15.3 nsur nce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
16. DEFAULT AND REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17. DISCLAIMER OF QUIET ENJOYNIENT . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . 10
I 18. ASSIGNMENT PROHIBITED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19. 1VIISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19.1 oice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19.2 uthori . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.3 rvival . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.4 eadin s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.5 �ntire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
- 19.6 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.7 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.8 Timeisofthe Essence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.9 an ua e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.10 validi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . 11
19.11 �.pplicable Law and Venue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.12 �ecordation . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19.13 Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ii
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENI�IIFER M. BELCHER
Commissioner of Public Lands
Olympia,Washington 98504
AGREEMENT FOR PURCHASE AND REMOVAL OF
ROCK, GRAVEL, SAND,AND SILT FROM
STATE-OWNED AQUATIC LANDS
AQUATIC LANDS PURCHASE AND REMOVAL AGREEMENT NO. 31-070471
THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through
the Department of Natural Resources (the "State"), and CITY OF RENTON, a government
agency/entity("Grantee").
1. GRANT OF RIGHT OF ENTRY
� State grants and conveys to Grantee the nonexclusive and nonassignable right to enter
upon a portion of State's property, described on E�chibit A(the "Property")for the limited
purpose of extraction and removal of rock, gravel, sand and silt("Valuable Material")pursuant to
the terms of this Agreement.
2. CONDITION OF PROPERTY AND VALUABLE MATERIAL
The Property has been inspected by Grantee and is accepted in its present co�,dition.
State does not warrant the volume, grade, quality, merchantability, or condition of the Valuable
� Material.
3. TERM
The term of this Agreement is Twelve (12)years (the "Term"), beginning on�he 1 st day
of April, 1998 (the "Commencement Date"), and ending on the 31 st day of Mazch, 2010, unless
terminated sooner under the terms of this Agreement(the "Termination Date"). Each yeaz of this
Agreement, beginning with the Commencement Date(or anniversary thereo fl and continuing for
twelve (12) consecutive months, shall be referred to as a"Contract Year."
4. PERMITTED USE
Grantee shall have the right to excavate,take, and remove 3,340 cubic yards of Valuable
Material from the Property during the Term and Grantee shall have no other rights with respect
to the Property nor be permitted any other use. Each cubic yard of Valuable Material-shall be
referred to as a"Unit."
5. PURCHASE PRICE AND PAYMENT
5.1 Fixed Minimum Annual Pa,Yment. Grantee shall pay State a Fixed Miaumum
Annual Payment of Zero Dollars ($0), on or before the first day of each and every Comtract Year.
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(a) The Fixed Minimum Annual Payment for any Contract Yeaz shall be a
credit against monthly Royalty Payments computed under Subsections 5.2 and 53 and due for
the same Contract Year.
(b) At the end of each month Grantee sha11 compute the Royalty Payment due
under Subsection 5.2 for that month. At the end of the month in which the aggregate of all
Royalty Payments thus computed during the contract year exceeds the Fixed Minimum Annual
Payment already made, Grantee shall pay State an amount equal to the excess. For the
remainder of the Contract Year, Grantee shall pay the full monthly Royalty Payment computed
under Subsections 5.2 and 5.3.
(c) In the event that the Fixed Minimum Annual Payment for any Contract
Year,exceeds the sum of Royalty Payments for that year, Grantee shall not be entitled to a
refund. There shall be no carry-backs or carry-forwards of such excess from one Contract Year
to another.
5.2 Ro,yalty Payment. Grantee shall pay to State a monthly Royalty Payment based
upon the volume of Valuable Material Grantee sells from the stockpile of State's Valuable
Material it maintains at another site ("Royalty Rate"). The initial Royalty Payment shall be
Three Dollars and Nineteen Cents ($3.19) for each and every Unit of Valuable Material sold
from Grantee's stockpile of State's Valuable Material. If this Agreement is terminated, without
renewal, Grantee shall be required to provide a final Royalty Payment on any remaining
stockpiled Valuable Materials based upon the most recent Royalty Rate computed pursuant to
Subsection 5.3.
5.3 Adjustments to Royalty Rate. On the first day of each Contract Year, the Royalty
Rate shall be increased by the percentage increase in the most recently published Producer Price
Index("PPI") for the Valuable Material as published by US Department of Commerce, Bureau of
Labor Statistics, over the PPI for the first day of the immediately preceding Contract Year. If
publication of the PPI is discontinued, a reliable governmental or other non-partisan publication
evaluating the information used in determining the PPI shall be used.
5.4 Re�orting and Payment for Valuable Material Removed. Grantee shall keep
accurate records and accounts of all Valuable Material removed from the Property. Grantee shall
utilize and maintain consecutively numbered load tickets to record all removal and transporting
of Valuable Material from the Property. The load tickets must be prepared by a designated
representative of Grantee at the Property at the time any Valuable Material is removed and
transported from the Property. The load tickets shall indicate the date of each and every removal
- and transportation of Valuable Material from the site,the specific source,the amount removed
and transported,the equipment number, the trucking or hauling firm,the operator, and the
delivery point. The Grantee's designated re resentative shall attest to the accurac of the '
p Y
information on the load ticket and shall sign the load ticket. Grantee shall provide to State, on or
before the fourteenth(14th) day of each month, on a form acceptable to State, an itemized
account of the quantities of Valuable Material for which a Royalty Payment is due during the
preceding month. At the time of providing the statement or account, Grantee shall pay to State
the full amount of Royalty Payment due for the preceding month, computed in accordance with
Subsections 5.1, 5.2, and 5.3.
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5.5 Audit. State shall be allowed to inspect and audit the books, contracts, and '
accounts of Grantee to determine whether or not State is being paid the full amount owed to it for
the removal of Valuable Material. If the audit discloses that Grantee has underpaid the amount
due to State by two percent(2%) or more, Grantee shall pay to State, on demand,the cost of the
audit. In addition,because it will be impossible to reliably determine the exact amount of
Valuable Material removed but not reported,the Royalty Payment associated with any under-
reported Units disclosed by an audit shall be computed at the rate of One Hundred Dollars
($100.00)per Unit. Any deficiency shall be paid to State within thirty(30) days of delivery of
the audit to Grantee; State shall account for any additional Royalty Payments made pursuant to
this provision in conformity with Subsection 5.1.
5.6 Late Char�. If any payment is not received by State within ten(10) days of the
date due, Grantee shall pay to State a late charge equal to four percent(4%)of the amount of the
payment,but not less than Fifty Dollars ($50),to defray the overhead expenses of State as a .
result of the delay.
5.7 Interest Penalty for Past Due Payments and Other Sums Owed. If any payment is
not received by State within thirty(30)days of the date due, Grantee shall, in addition to paying
late charges determined under Subsection 5.5, above,pay interest on the amount outstanding at
the rate of one percent(1%)per month until paid. If State advances any amount on behalf of
Grantee, Grantee shall reimburse State for the amount advanced and shall pay interest on the
amount advanced at the rate of one percent(1%)per month from the date State notifies Grantee
of the advance.
5.8 No Counterclaim, Setoff, or Abatement of Fixed Minimum Annual Pa mY ents,
Royalty Payments, and Other Sums Owed. Fixed Minimum Annual Payments, Royalty
Payments, and except as expressly provided in this Agreement, all other sums payable by
Grantee pursuant to this Agreement shall be paid without the requirement of prior notice or
demand by State, and shall not be subject to any counterclaim, setoff, deduction, defEnse, or
abatement.
6. PLAN OF OPERATIONS
(a) Grantee shall submit a detailed Plan of Operations("Plan of O�erations"
or the "Plan")to State for approval prior to any removal of Valuable Material. State shall have a
minimum of thirty (30) days to review the Plan. At the end of State's review, State will notify
Grantee either of its approval of the Plan or of the changes necessary to obtain its approval.
- Upon approval of the Plan by State,the Plan shall become a part of this Agreement and shall not
be changed without the consent of State. Grantee shall not remove any Valuable Material until
I the Plan of Operations has been approved by State.
(b) The Plan shall include information on the following:
(1) A listing of the operating restrictions,requirements, and conditions
contained in the regulatory permits obtained by Grantee for this operation;
(2) The method or methods of ineasurement to be used to deternune
the volume of Valuable Material removed, a sample load ticket and a list of designated
representatives who are authorized to sign the load tickets;
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(3) Mining specifications, and the location and timing of any mining
activities;
(4) Any plans to stockpile Valuable Material prior to sale, including
the location of the stockpile, expected volume of the stockpile, and accounting for Valuable
Material going to and being removed from the stockpile;
(5) The nature of any processing and/or upgrading of the Valuable
Material,the types of equipment used for such processing or upgrading,the location of such
processing equipment, and the proposed disposition of waste products;
(6) A description of all preparatory work necessary prior to removal of
the Valuable Material; and,
(7) A description of how the site will be left after removal of the
Valuable Material, or, in cases where removals are seasonal, after completion of the first contract
season. (In cases involving seasonal removals, subsequent contract seasons may and probably
will require submission of a new Plan each year,revised at least to reflect changes in how the site
will be left.)
Grantee's operations shall not vary from the Plan approved by State, unless and
until Grantee has submitted and received State's approval of a revised Plan of Operations. In the
event of a conflict between the Plan of Operations and the body of this Agreement,the terms of
the body of this Agreement shall prevail.
(c) State's acceptance and approval of Grantee's Plan of Operations shall not
be construed as any statement or warranty that the Plan of Operations is adequate for Grantee's
purposes or complies with applicable laws.
7. STATE'S RIGHT TO GRANT EASEMENTS
State reserves the right to grant easements and other land uses on the Property to others
when the easements or other land uses will not unreasonably interfere with Grantee's permitted
use. State will notify Grantee of any easement or other use requested by third parties.
8. ENTRY
State shall have the right to enter the Property at any reasonable hour for any reasonable
purpose.
9. TRANSFER OF PERMITS I
- In the event Grantee obtains any permit associated with the removal of Valuable
Materials, such permit shall be deemed appurtenant to the Property. Grantee assigns and
conveys such permit to State or its designee effective on termination of this Agreement. Grantee
hereby irrevocably appoints State as its attorney-in-fact to execute,acknowledge, deliver and if
appropriafe file and record any documents State deems necessary or appropriate to effectuate the
transfer of the permit. The transfer shall not relieve Grantee of any of its obligations under the
permit or under this Agreement unless State expressly agrees to a release in writing.
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10. CONDITION ON TERMINATION
On conclusion of operations on any portion of the Property, and on the Termination Date,
Grantee shall remove all of its equipment,remove any debris or rubbish, and otherwise leave the
site in the condition set forth in the approved Plan of Operations.
11. RESTRICTIONS ON USE -
; Grantee shall not cause or permit any damage to natural resources on the Praperty except
as required to extract and remove Valuable Materials in accordance with the approved Plan of
Operations. If at any time Grantee becomes awaze that operations in accordance with the
approved Plan of Operations are causing or are likely to cause damages to natural resources in
excess of the damages contemplated when the Plan of Operations was approved, Gr��ntee shall
promptly notify State. State may require Grantee to modify its Plan of Operations to avoid or
mitigate such excess damages. Grantee shall also not cause or permit any filling activity to occur
on the Property. This prohibition includes, but is not limited to,the deposit of any rock, earth,
ballast,refuse, garbage,waste matter(includirig chemical,biological, or toxic wastes),
hydrocarbons, any other pollutants, or other matter in or on the Property,except as approved in
writing by State. Grantee shall neither commit nor a11ow waste to be committed to or on the
Property. If Grantee fails to comply with all or any of the restrictions on use set out in this
Section 11, State may take any action reasonably necessary to remedy such failure. Upon
demand by State, Grantee shall pay all costs of such remedial action, including but not limited to
the costs of removing and disposing of any material deposited improperly on the Property. This
section shall not in any way limit Grantee's liability under Section 13,below.
12. COMPLIANCE WITH LAWS
Grantee shall, at all times, keep current and comply with all conditions and terms of any
permits, licenses, certificates,regulations, ordinances, statutes, and other governmen�rules and
regulations regarding the use of the Property or the removal of Valuable Materials.
13. ENVIRONMENTAL LIABILITY/RISK ALLOCATION
13.1 efinition. "Hazardous Substance" means any substance which now or in the
future becomes regulated or defined under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection, contamiriation or
cleanup, including,but not limited to,the Comprehensive Environmental Response,
- Compensation and Liability Act of 1980 ("CERCLA"), 42 USC 9601 et seq.,and Washington's
Model Toxics Control Act("MTCA"), RCW 70.1 O5D.010 et seq.
13.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous
Substances will not be used, stored, generated,processed,transported,handled,released, or
disposed of on, in,under, or above the Property, except in accordance with all applicable laws.
13.3 Current Conditions and Dut�of Utmost Care. State makes no representation
about the condition of the Property. Hazardous Substances may exist on, in,under, or above the
Property. If there are any Hazardous Substances on, in,under, or above the Property, as of the
Commencement Date, Grantee shall exercise the utmost care with respect to the Haza�rdous
Substances, the foreseeable acts or omissions of third parties affecting the Hazardous Substances,
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and the foreseeable consequences of ttiose acts or omissions. �'The standard of care required of
Grantee by this Subsection 13.3 shall be that required of a person with actual knowledge of the
presence of Hazardous Substances,whether or not Grantee had such actual knowledge.
13.4 Notification and Re orting.
(a) Grantee shall immediately notify State if Grantee becomes aware of any of
the following:
(1) A release or threatened release of Hazardous Substances in, on,
under or above the Property, any adjoining property, or any other property subject to use by
Grantee in conjunction with its use of the Property;
(2) Any problem or liability related to or derived from the presence of
any Hazardous Substance in, on, under or above the Property, any adjoining property, or any
other property subject to use by Grantee in conjunction with its use of the Property;
(3) Any actual or alleged violation of any federal, state, or local
statute, ordinance, rule, regulation,or other law pertaining to Hazardous Substances with respect
to the Property, any adjoining property,or any other property subject to use by Grantee in
conjunction with its use of the Property; or
(4) Any lien or action with respect to any of the foregoing.
(b) Grantee shall, at State's request, provide State with copies of any and all
reports, studies or audits which pertain to environmental issues or concerns and to the Property,
and which are or were prepared by or for Grantee and submitted to any federal, state or local
authorities pursuant to any federal, state or local permit, license or law. These permits include,
but are not limited to, any National Pollution Discharge and Elimination System Permit, any
Army Corps of Engineers permit, any State Hydraulics permit, any State Water Quality
certification, or any Substantial Development permit.
13.5 Indemnification and Burden of Proof.
(a) Grantee shall fully indemnify, defend, and hold State harmless from and
against any and all claims, demands, damages,natural resource damages,response costs,
remedial costs, cleanup costs, losses, liens, liabilities,penalties, fines, lawsuits, other
, proceedings, costs, and expenses (including attorneys' fees and disbursements),that arise out of
or are in any way related to:
(1) The use, storage, generation,processing,transportation, handling,
or disposal of any Hazardous Substance by Grantee, its contractors, agents, employees, guests,
invitees, or affiliates in, on, under, or above the Property, any adjoining property, or any other
- properiy subject to use by Grantee in conjunction with its use of the Property, during the term of
' this Agreement or during any time when Grantee occupies or occupied the Property or any such
other property; ,
(2) The release or threatened release of any Hazardous Substance in,
on, under, or above the Property, any adjoining property, or any other property subject to use by
Grantee in conjunction with its use of the Property, which�release or threatened release occurs or
occurred during the term of this Agreement or during any time when Grantee occupies or
occupied the Property or such other property and as a result of:
(i) Any act or omission of Grantee, its contractors, agents,
employees, guests, invitees, or affiliates; or
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(ii) Any act or omission of a third party unless Grantee
exercised the utmost caze with respect to the foreseeable acts or omissions of the third party and '
the foreseeable consequences of those acts or omissions.
(3) A breach of the obligations of Subsection 13.3, above, by Grantee, I
its subtenants, contractors, agents, employees, guests, invitees,or affiliates.
(b) Grantee will have use of and access to the Property. Accordingly, if State
seeks to impose liability under Subsection 13.5(a), State will have the initial burden of proving
by a preponderance of the evidence the existence,release, or threatened release of H[azardous '
Substances in, on, under, or above the Property, any adjoining property, or any other property
subject to use by Grantee in conjunction with its use of the Property. Grantee shall nhen have the
burden of proving by a preponderance of the evidence that none of the indemnification �
provisions apply.
13.6 eanu . If a release of Hazardous Substances occurs in, on, under or above the
Property or other State-owned property arising out of any action or inaction described or referred
to in Subsections 13.5(a)(1), 13.5(a)(2) or 13.5(a)(3) above, Grantee shall, at its sole expense,
promptly take all actions necessary or advisable to clean up the Hazazdous Substances. Cleanup
actions shall include,without limitation, removal, containment and remedial actions and shall be
performed in accordance with all applicable laws,rules, ordinances, and permits. Grantee shall
also be solely responsible for all cleanup, administrative, and enforcement costs of governmental
agencies, including natural resource damage claims. Any cleanup shall be performed in a
manner approved in advance in writing by State, except that in emergency situations Grantee
may take reasonable and appropriate actions without advance approval.
13.7 m in . State may conduct sampling,tests, audits, surveys or inv�stigations
("Tests") of the Properiy at any time to deternune the existence, scope, or effects of Hazardous
Substances on the Property, any other property subject to use by Grantee in conjunction with its
use of the Property, or natural resources. If such Tests establish the existence, release or
threatened release of Hazardous Substances which subjects Grantee to actual or potential liability
under Subsection 13.5(a), above, Grantee shall promptly reimburse State for all costs associated
with such Tests.
13.8 Reservation of Rights. No right, claim, or defense either party may have against
third parties is affected by this Agreement and the parties expressly reserve all such rights,
claims, and defenses. The allocations of risks, liabilities, and responsibilities set forth above do
not release Grantee from or�affect Grantee's liability for claims or actions by federal, state, or
- local regulatory agencies concerning Hazardous Substances.
14. IMPROVEMENTS
No improvements or trade fixtures shall be placed on the Property. Any personal
property or equipment of Grantee placed on the Property shall be removed by Grantee within
ninety (90) days of the Termination Date, at Grantee's sole cost and expense. If Grantee fails to �
remove its personal property and equipment; it shall become the property of State. State may �
have the property and equipment removed and Grantee shall pay the costs of removal, including
interest, upon State's demand.
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15. INDEMNITY, FINANCIAL SECURITY,INSURANCE
15.1 de i . Grantee sliall indemnify, defend, ariii hold harmless State, its
employees, officers, and agents from any and all liability, damages (including damages to land,
aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees
(including attorneys' fees and costs), penalties (civil, administrative, and criminal), or judgments,
by any reason whatsoever caused. This indemnification shall apply to causes arising out of the
use, occupation, or control of the Property by Grantee, its invitees, agents, employees, licensees,
or permittees except as may arise solely out of the willful or negligent act of State or State's
elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee shall
not be required to indemnify and hold State harmless from State's sole or concurrent negligence.
This section shall not in any way limit Grantee's liability under Section 13, above.
15.2 Bond or Other Securit„X.
(a) At its own expense Grantee shall procure and maintain a corporate surety
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, bond or provide other financial security satisfactory to State(the Bond ) in an amount equal to
Zero Dollars ($0), which shall secure Grantee's full performance of its obligations under this
Agreement. The Bond shall be in a form and issued by a surety company acceptable to State.
State may require a change in the amount of the Bond:
(1) Upon any breach of Section 13, above; or
(2) Upon a change in the permitted use or the Plan of Operations.
' A new or modified Bond shall be delivered to State within thirty(30) days after adjustment of
the amount of the Bond is required by State.
I (b) If Grantee defaults in an of its obli ations under this A eement, State
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may collect on the Bond to offset the liability of Grantee to State. Collection on the Bond shall
not relieve Grantee of liability, shall not limit any of State's other remedies, and shall not
reinstate or cure the default or prevent termination of this Agreement.
15.3 nsurance. At its own expense Grantee shall procure and maintain during the
Term of this Agreement,the insurance described in Subsections 15.3(a) and(b)below. This
insurance shall be issued by an insurance company or companies licensed to do business in the
State of Washington which have a B+or better rating in "Best's Insurance Reports," or a
comparable rating by another rating company acceptable to State.
(a) Ty�es of Rec�uired Insurance.
(1) Liability Insurance. Grantee shall procure and maintain public
liability insurance covering all claims for personal injury or property damage arising on the
- Property or arising out of Grantee's operations. The liability insurance shall be in the form of
commercial general liability insurance. Limits of liability shall be not less than$1,000,000 for
each occurrence and not less than$2,000,000 annual aggregate. Such limits may be achieved
through the use of umbrella liability insurance. State may impose changes in the limits of
liability:
(i) Upon any breach of Section 13, above; or
(ii) Upon a change in the permitted use or the Plan of
Operations.
New or modified insurance coverage shall be in place within thirty(30) days after
changes in the limits of liability are required by State. The liability policies shall contain a
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cross-liability provision such that the policy will be construed as if separate policies were issued
to Grantee and to State.
(2) Worker's Com�ensation Insurance. Grantee shall procure and
maintain: . '
(i) State of Washington Worker's Compensation coverage, as
applicable, with respect to any work by Grantee's employees on or about the.Proper�y; and
(ii) Longshore and Harbor Worker's Act and Jones Act
coverage, as applicable, with respect to any work by employees of Grantee on or about the
Property.
(b) Terms of Insurance. The policies required under Subsection 15.3 shall
name State as an additional insured(except for State of Washington Worker's Compensation
coverage). Grantee shall provide certificates of insurance and, if requested, copies of policies to
State. Receipt of such certificates or policies by State does not constitute approval by State of
the terms of such policies. Further, all policies of insurance described in Subsection 15.3 shall:
(1) Be written as primary policies not contributing with and not in
excess of coverage that State may carry; .
(2) Expressly provide that such insurance may not be materially
changed, amended, or canceled with respect to State except upon forty-five(45)days prior
written notice from the insurance company to State; and
(3) Expressly provide that State shall not be required to give notice of
accidents or claims for which State has no premiums or liability.
16. DEFAULT AND REMEDIES
(a) Grantee shall be in default of this Agreement on the occurrence of any of
the following:
(1) Failure to pay any Fixed Minimum Annual Payment, �oyalty
Payment, or other expense when due;
(2) Failure to comply with any law,regulation,policy or o�rder of any
lawful governmental authority;
(3) Failure to operate in accordance with the Plan of Operations
approved by State;
(4) Removal of more Valuable Material than is authorized in this
Agreement;
� (5) Failure to comply with the audit requirements or to cooperate with
State in the conduct of an audit;
(6) Failure to comply with any other provision of this Agreement; or
(7) Proceedings commenced by or against Grantee under any
bankruptcy act or for the appointment of a trustee or receiver of Grantee's property.
(b) A default shall become an event of default("Event of Default"� upon
Grantee's failure to cure the default within the applicable cure period after State gives written
notice of default to Grantee, which specifies the nature of the default. For failure to pay a Fixed
Minimum Annual Payment or Royalty Payment, or for any other monetary default, the cure
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period shall be ten(10)days. For failure to prepaze load tickets as required under Subsection 5.3,
there shall be no cure period. For other defaults,the cure period shall be thirty(30) days.
(c) Upon an Event of Default, State may terminate this Agreement and
remove Grantee by summary proceedings or otherwise. In the event State pays any sum or
incurs any expense which Grantee is obligated to pay under this Agreement, or which is made or
incurred on behalf of Grantee, State shall be entitled to receive reimbursement from Grantee
upon State's demand. This reimbursement shall include interest from the date of expenditure at
the rate of one percent(1%) per month.
17. DISCLAIMER OF QUIET ENJOYMENT
State's title may be subject to rights of third parties, including the public and Indian
Tribes. State expressly disclaims and Grantee expressly releases State from any claim for breach .
of any implied covenant of quiet enjoyment with respect to possession of the Property. This
disclaimer includes, but is not limited to, interference arising from or in connection with access
or other use rights of adjacent property owners or the public over the water surface or in or under
the water column,rights held by Indian Tribes, and the general power and authority of State and
the United States to regulate the use of navigable waters,bedlands,tidelands, and shorelands. In
the event Grantee is evicted from the Property by reason of successful assertion of any such
rights,this Agreement shall terminate as of the date of such eviction. In the event of a partial
eviction, Grantee's payment obligations shall abate as of the date of the partial eviction in direct
proportion to the extent of the eviction. In all other respects,this Agreement shall remain in full
force and effect.
18. ASSIGNMENT PROHIBITED
Grantee shall not assign this Agreement.
19. MISCELLANEOUS
19.1 Notice. Any notices required or permitted under this Agreement may be
personally delivered, delivered by facsimile machine, or mailed by certified mail,return receipt
requested,to the following addresses or to such other places as the parties may direct in writing
from time to time:
To State: DEPARTMENT OF NATURAL RESOURCES
- South Puget Sound Region
950 Farman Street North
PO Box 68
Enumclaw, WA 98022-0068
To Grantee: CITY OF RENTON
200 Mill Avenue South
Renton, WA 98055
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A notice shall be deemed to be given and delivered upon personal delivery, upon receipt
of a confirmation report if delivered by facsimile machine, or three (3)days after being mailed as
set forth above,whichever is applicable.
19.2 Authori . Grantee and any and all persons executing this Agreeme�t on behalf of
Grantee represent that Grantee is qualified to do business in the State of Washington,that
Grantee has full right and authority to enter into this Agreement, and that each and�very person
signing on behalf of Grantee is authorized to do so. Upon State's request, Grantee will provide
evidence satisfactory to State confirming these representations. This Agreement is�ntered into
by State pursuant to the authority granted it in Chapters 79.90 to 79.96 RCW and the
Constitution of the State of Washington.
19.3 urv'val. Obligations of Grantee to be performed after the Termination Date shall '�,
not cease upon the termination of this Agreement, but shall continue as obligations until fully '�
performed. �
19.4 e din . The headings used in this Agreement are for convenience only and in
no way define, limit, or extend the scope of this Agreement or the intent of any provision.
19.5 Entire Agreement. This Agreement, including the exhibits and addenda, if any,
contains the entire agreement of the parties. All prior and contemporaneous agreem�nts,
promises,representations, and statements relating to this transaction or to the Property, if any, are
merged into this Agreement.
19.6 aiver. The waiver by State of any breach or default of any term, cavenant, or
condition of this Agreement shall not be deemed to be a waiver of such term, covenant,
condition, or any subsequent breach or default of the same or any other term, covenant, or
condition of this Agreement.
19.7 Cumulative Remedies. The rights and remedies of State under this Agreement are
cumulative and in addition to all other rights and remedies afforded to State by law or equity.
19.8 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every
provision of this Agreement.
19.9 an ua e. The word "Grantee" as used in this Agreement shall be applicable to
one or more persons, as the case may be, and the singular shall include the plural, and the neuter
shall include the masculine and feminine. If there is more than one Grantee,their obligations
shall be joint and several. The word "persons" whenever used shall include individuals, firms,
associations, and corporations.
19.10 nvalidi . If any provision of this Agreement shall prove to be invalid, void, or
� - illegal, it shall in no way affect, impair, or invalidate any other provision of this Agreement.
19.11 A�licable Law and Venue. This Agreement shall be interpreted and construed in
accordance with the laws of the State of Washington. Any reference to a statute shall mean ahat
statute as presently enacted or hereafter amended or superseded. Venue for any action arising out
of or in connection with this Agreement shall be in the Superior Court for T'hurston County,
Washington.
19.12 Recordation. Grantee shall record this Agreement in the county in which the
Property is located, at Grantee's sole expense. Grantee shall provide State with recording
information, including the date of recordation and file nuxnber. Grantee shall have thirty (30)
days from the Commencement Date to comply with the requirements of this subsection. If
3 t-o�oa71 11
� ' •
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I Grantee fails to record this Agreement, State may record it and Grantee shall pay the costs of
recording upon State's demand. .
19.13 Modification. Any modification of this Agreement must be in writing and signed
by the parties. State shall not be bound by any oral representations or statements.
THIS AGREEMENT is executed as of the_day of 19_
STATE: GRANTEE:
STATE OF WASHINGTON CITY OF RENTON
DEPARTMENT OF NATURAL
RESOURCES
By: By:
BONNIE B. BUNNING GREGG ZIMMERMAN
Its: South Puget Sound Region Manager Its: Admininistrator
Dated: � � Dated: [ �
sk/Cardoza/210498/31-070471.agr
PROOFED
31-070471 12
, � * �J �
STATE OF WASHINGTON)
) ss.
COUNTY OF ( )
I certify that I know or have satisfactory evidence that BONNIE B. BUNNING is the
person who appeared before me, and is the South Puget Sound Region Manager of the State of
Washington Department of Natural Resources. I further certify that said person acknowledged
the foregoing to be the free and voluntary act of the STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES for the uses and purposes mentioned in the
instrument, and on oath stated that she is duly authorized to execute and acknowledge said
instrument.
DATED:
(Type/Print Name)
Notary Public in and for the State of Washington �
residing at
My Commission Expires
31-070471 13
i ,y • _ .
<
STATE OF WASHINGTOI�
) ss.
COUNTY OF ( )
I certify that I know or have satisfactory evidence that GREGG ZIMMERMAN is the
person who appeared before me, and is the Administrator of the City of Renton("Grantee"). I
further certify that said person acknowledged the foregoing instrument to be the free and
voluntary act of the Grantee for the uses and purposes mentioned in the instrument, and on oath
state that he is duly authorized to execute and acknowledge said instrument.
DATED:
(Type/Print Name)
Notary Public in and for the State of Washington
residing at
My Commission Expires �
3 t-070471 14
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CEDAR.RIVER SECTION 20a ` � , � �
FLU{JD DAMA.GE REDt7CTIQN PR4JECT t �. � ,
(DREDGE AREA WITH DNR TN�'VOLVEMENT}
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