HomeMy WebLinkAboutContract CAG# -96-116
POTABLE WATER AND ELECTRICAL USE AGREEMENT
THIS POTABLE WATEP,AN ELECTRICAL USE AGREEMENT ("Agreement") dated
this 'fll� G 1996, is entered into by and between the
City of Renton "Renton") and THE BOEING COMPANY, acting by and through its
division BOEING COMMERCIAL AIRPLANE GROUP ("Boeing").
RECITALS
A. Renton has requested permission from Boeing to make connection and use
potable water and electrical power at the Renton boathouse located at the south
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end of Lake Washington, from connection points located at the Boeing 4-41
Building, as depicted in Attachment A hereto. The associated utility lines at the
point of connection, potable water and electrical power are the property of
Boeing. Renton desires to have connection made for the sole purpose of
supplying the boathouse with potable water and electrical power.
B. Boeing hereby agrees to allow Renton to use potable water and electrical power
for such purpose subject to the following terms and conditions:
AGREEMENTS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. No Obligation by Boeing. Use of the potable water and electrical power shall
be provided at no charge. Boeing will provide each to the extent possible
through Boeing's normal operations and will not be expected to make any
extraordinary efforts to maintain service at the site. Renton recognizes that
Boeing does not necessarily control the supply of water or electricity to or
through its property and is not obligated to provide service if prevented from
doing so by circumstance outside of its control. Boeing cannot guarantee the
quality of the water and electrical service to the boathouse or the continuation of
service, nor is Boeing expected to direct resources away from their own higher
priority operations and needs to serve the boathouse. Renton will be
responsible for maintenance and repairs of the potable water and electrical
service lines from the boathouse to the points of connection.
2. Unpredictability of Service. Renton acknowledges that availability of such
potable water and electrical power is inherently unpredictable and subject to
interruption, suspension, curtailment or fluctuation in service. Boeing will not be
liable to Renton or any third party in the event interruption, suspension,
curtailment, or fluctuation of service, nor for any loss, injury or damage caused
by or arising therefor, whether or not caused by Boeing or others. Boeing will
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notify Renton as soon as any disruption of potable water or electrical power is
discovered and will notify Renton a minimum of 48 hours prior to any expected
disruption of potable water or electrical power. Boeing shall not be required to
give Renton prior notice to an immediate emergency disruption of service by
Boeing, but will notify Renton within 2 hours after the disruption.
3. Indemnification by Renton. Renton agrees to release, indemnify, defend, and
hold harmless Boeing, its agents, officers, directors, employees and assigns
from and against all losses, claims (including any claims by any government or
governmental agency), penalties, fines, judgments, damages, liens and
liabilities (including, but not limited to attorney's fees) of any kind or character
asserted or arising directly or indirectly from, on account of or in connection with
Renton's use or attempt to use the potable water, electrical power or associated
utility lines, or any need therefore, whether or not due in whole or in part to the
fault or such claims be false, fraudulent or groundless. With respect to all or any
portion of the foregoing obligation which may be held to be within the purview of
RCW 4.24.155, such obligation shall apply only to the maximum extent
permitted by RCW 4.24.115. As between the parties and for purposes only of
the obligations herein assumed, Renton waives any immunity, defense, or other
protection that may be afforded by any worker's compensation, industrial
insurance, or similar laws (including, but not limited to, The Washington
Industrial Insurance Act, Title 51 of the Revised Code of Washington). The
foregoing obligation will survive termination of this agreement or the cessation or
termination of the potable water or electrical power, or the modification,
replacement, destruction of abandonment of the utility lines.
4. Termination. This Agreement may be terminated by either party upon sixty
(60) days advance written notice for any of the above stated reasons and
supersedes all previous agreements with respect to use of potable water or
electrical power.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
THE BOEING COMPANY, acting by THE CITY OF RENTON
and though its division, The Boeing
Commercial Airplane Group.
BY:
Jesse Tanner
ITS: Vice President ITS: Mayor,� �Q,�
Facilities Asset Management Attest: * "���
Brenda Fritsvold, Deputy City Clerk
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ATTACHMENT A
CITY OF RENTON BOAT HOUSE
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BOEING BLDG. 4-41
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