HomeMy WebLinkAboutE 9402030678 ` . � �Wt;�N RECORDED RENRN TO: .
_. Office of thi�city dcrk •: • _ . . ,j � �".;�� ��'-7S'Yr}<���`
Renton hfu�.icipal Building PAG-93-005
200 h4Il1 A.��nue South
' Renton,bti��� 9tSU�5
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AGREEMENT AND LICENSE �
FOR
EXTENSION OF BOEING
DOMESTIC WATER AND COMPRESSED AIR SUPPLY LINES
THIS AGREEMENT is made this�,,.�► day of �,� , 1�`�etween The City of
Renton, a municipal corporation, ("Grantor" herein) and The Boeing Company by and throujh
its division, Boeing Commercial Airplane Group, ("Grantee" herein).
� Recitals
�
;j� I. Grantee desires to construct and maintain a four inch diameter domestic water supply
�O line and a six inch diameter compressed air line extension for the purpose of providing
� domestic water and compressed air services to Apron D at the Renton Mur.icipai Airport.
C�
O� II. Grantee has agreed to undertake such construction and maintenance subject to
� Grantor granting licenses for purposes of such construction and maintenance.
III. Grantor and Grantee desire to enter into this agreement setting forth their respective
obligations and rights regarding such license.
Agreements
In consideration of the performance by Grantee of the covenants, terms and conditions
hereinafter set forth, Grantor hereby grants to Grantee the following licenses:
A. A license across, along, in, upon, and under that portion of the Grantor's property ten
(10) feet wide running north south across North 6th Street's sixty (60) foot right-of-way
between Logan Avenue and North Riverside Drive. The centerline of the above mention
portion of property is located approximately eight hundred and eight (808) feet west of the
intersection centerline of North 6th Street and Logan Avenue. Such license shall be for the
purpose of installing, constructing, operating, maintaining, removing, repairing, replacin�, and
using the water supply line and compressed air line extensions (the "Extensions"), together
with the right of ingress to and egress from said property. The terms "license" and "license
area" in this instrument refer to the licenses granted with respect to the portion of property
depicted above and as shown on Exhibit A.
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735LGR
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This license is granted subject to and conditioned upon the following terms, conditions and
covenants which Grantee hereby promises to faithfully and fully observe and perform.
1. Costs of Construction and Maintenance. Grantee shall bear and promptly pay all
costs and expenses of construction, maintenance and repair of the Extensions located in the
license area depicted on Exhibit A.
2. Specifications. Grantee shall construct the Extensions in accordance with the
specifications for the Project set forth in the Plan Specifications.
3. Abnroval of Plans. Prior to any construction, alteration, replacement or removal of
the Extensions, a notification and plans for the same shall be submitted in writing to Grantor by
Grantee and no such work by Grantee shall be commenced without Grantor's prior written
approval of the plans therefor, which approval shall not be unreasonably withheld or delayed;
PROVIDED, HOWEVER, that in the event of an emergency requiring immediate action by
Grantee for the protection of its facilities or other persons or property, Grantee may take such
action upon such notice to Grantor as is reasonable under the circumstances. Grantor has
approved the plans and specifications set forth in Grantee's above-mentioned
technical Specifications.
4. Coordination of Activities. Grantee shall coordinate the dates of its construction and
� oiher major activities on Grantor's property with Public Works Field Maintenance Department,
� or such other employee of Grantor as Grantor may from time to time designate, and Grantor
0 shall make the license area readily accessible to Grantee, and free from obstructions and other
C'7 uses that may interfere with construction of the Extensions or its use thereafter; PROVIDED,
0 HOWEVER, that in the event of an emergency requiring immediate action by Grantee for the
� protection of its facilities or other persons or property, Grantee may take such action upon
O
�' such notice to Grantor as is reasonable under the circumstances.
�
5. Work Standards. Upon completion of construction of the portion of the Extensions
on Grantor's property, and upon completion of any subsequent work performed by Grantee on
Grantor's property, Grantee shall remove all debris and restore the surface of the property as
nearly as possible to the condition in which it was at the commencement of such work, and
shall replace any property corner monuments, survey reference or hubs which were disturbed
or destroyed during construction.
6. Access by Grantee During Construction. Grantor shall make provisions for continued
access by Grantee along, over, under, and across North 6th Street during periods in which
Grantee is conducting construction. During construction, Grantee shall endeavor to minimize
interference with the free passage of traffic along North 6th Street; PROVIDED, HOWEVER,
that Grantee may divert traffic as needed to accomplish construction. Grantee shall submit to
Grantor for approval a written plan for diversion of traffic, such approval shall be granted
within seven (7) days of receipt of such plan and shall not be unreasonably withheld.
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7RSLER
7. Grantee's Use and Activities. Grantee shall at all times conduct its activities on
Grantor's property so as not to unreasonably interFere with, obstruct or endanger Grantor's
operations or facilities.
8. Use of the License Area bv Grantor. Grantee has been advised and is aware that
Grantor is using or intends to use the property subject to this Agreement for the purpose of
public right-of-way. �
9. Interference With Grantor's Future Facilities. In the event Grantor desires to
construct facilities relating to Grantor's operations on or in the vicinity of the license area
depicted on Exhibit A hereto, and the Extensions substantially interferes with such proposed
facilities or construction thereof, Grantor shall provide Grantee with sixty (60) days' advance
written notice of its intention to undertake such construction. Grantor shall provide Grantee
with such temporary construction rights and additional license rights to the license area and
Grantor's surrounding property as are required to accommodate relocation and alteration of
the Extensions.
10. Hold Harmless. Grantee shall defend, indemnify and hold harmless Grantor, from and
against all actions, causes of action, liabilities, claims, suits,judgments, liens, awards and
damages, of any kind and nature whatsoever (hereinafter referred to as "Claims"), for property
� damage, personal injury or death and expenses, costs of litigation and counsel fees related
� thereto, or incident to establisning the right to indemnification, in any way related to the
Q Agreement, the performance thereof by Grantee or its subcontractors, including without
Olimitation the provision of services, personnel, facilities, equipment, support supervision or
� review, to the extent such Claims arise out of any negligent act or omission of Grantee or its
� subcontractor.
�
� This indemnity will be applicable to a claim only if Grantor:
(i) notifies Grantee of the claim or liability in writing within such time as to
permit Grantee to protect its interests;
(ii) permits Grantee to defend or settle against the claim or liability; and
(iii) cooperates with Grantee in any defense of settlement against the claim or
liability.
1 1. Commercial General Liability Insurance. Throughout thP period of performance of this
Agreement, Grantee shall carry and maintain, and shall ensure that its subcontractors carry and
maintain, Commercial General Liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury, including death, damage or,
alternatively, One Million Dollars ($1,000,000) per occurrence single limit for bodily injury and
property damage combined. Such insurance shall be in a form and with insurers reasonably
acceptabie to Grantor, and shall contain coverage for all premises and operations, bro.ad form
property damage and contractual liability (including without limitation, that specifically
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7RSLL'R
assumed herein). Any policy which provides the insurance required under this Paragraph 11
shall name Grantor as additional insureds to the extent of the contractual obligation set forth in
Paragraph 10 above.
12. Workers' Compensation. Throughout the period of performance of this Agreement,
Grantee shall cover or maintain insurance, and shall ensure that its subcontractors cover or
maintain insurance, in accordance with the applicable laws relating to workers' compensation,
with respect to all of their respective employees working on or about the license area,
regardless of whether such coverage or insurance is mandatory or merely elective under the
law. Grantee shall also carry and maintain, and ensure that its subcontractors carry and
maintain, Employers Liability coverage with limits of not less than One Million Dollars
($1,000,000) per accident.
13. Certificates of Insurance. Prior to the commencement of the work, Grantee shall
provide for Grantor's review and approval certificates of insurance reflecting full compliance
with the requirements set forth in Paragraphs 11 and 12 above. Such certificates shall be kept
�current and in compliance throughout the term of the Agreement and shall provide for thirty
� (30) days advance written notice to Grantor in the event of cancellation.
�
0 14. Termination of License. Either party may, upon 6 months advance written notice,
� terminate the license; PROVIDED, HOWEVER, that no termination may occur by Grantor
Ociuring the initial two year period commencing on the date of this Agreement.
� 15. Removal of Extensions on Termination. Upon any termination of this Agreement,
Grantee shall, on or before the effective date of termination, remove the Extensions from the
license area and restore the ground of such area to the condition now existing, or, in the
alternative, take such other mutually agreeable measures to minimize the impact of the
Extensions on the license area depicted on Exhibit A. Such work, removal and restoration
shall be done at the sole cost and eYpense of Grantee and in a manner reasonably satisfactory
to Grantor.
16. Notices. Notices required to be in writing under this Agreement shall be given as
follows:
If to Grantor: The City of Renton
Planning/Building/Public Works Department
200 Mill Avenue South
Renton, Washington 98055
Attn: Administrator
If to Grantee: The Boeing Company
P.O. Box 3707, NUS 63-01
Seattle, Washington 98124-2207
Attn: Director of Facilities Renton Division
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7RSLER
4 � ' . . .
Notices shall be deemed effective, if mailed, upon the second business day following deposit
thereof in the United States mails, posta�e prepaid, certified or registered mail, return receipt
requested, or upon delivery thereof if otherwise given. Either party may change the address to
which notices may be given by giving notice as above provided.
17. Assignment. Neither Grantor nor Grantee shall assign its rights, privileges, obligations
or liabilities hereunder without the prior written consent of the other party which consent shall
not be unreasonably withheld or delayed;
PROVIDED, THAT, Grantee may assign its rights, privileges, obligations and liabilities
hereunder to its divisions and subsidiaries without the prior consent of Grantor.
18. Successors. Subject to the preceding paragraph, the rights and obligations of the
parties shall inure to the benefit of and be binding upon their respective successors and assigns.
19. City Rec�uirements. This Agreement does not relieve the Grantee of any requirement of
any City Ordinance, rule or regulation or specification of the City, including but not limited to
� any requirement to street work, street excavation permits and fees therefore, or the use,
� removal or relocation of property and streets. No privilege nor exemption is granted or
� conferred unto Grantee by this Agreement except those specifically prescribed herein, and any
� such privilege claimed under this Agreement by the Grantee in the described franchise area
� under Exhibit A shall be subordinate to any prior lawful occupancy of the street or any
� subsequent improvement or installation therein.
� EXECUTED as of the date hereinabove set forth.
The City of Renton The Boeing Company
through its division,
Boeing Commercial Airplane Group
�
By:
Earl Clymer �
Title: Mayor rtle:
ATTE5T. � J.J. Nelson
Marilyn J ersen, Citv Clerk Director, Facilities and Servtces
Boeing Commercial Airplane Group
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STATE OF WASHINGTON )
) ss.
COUNTY OF �,�_ )
I certify that I know or have satisfactory evidence that ��t C�-uMQr-signed this instrument,
on oath stated that k�. was authorized to execute the instrument and acknowledged it
as the os of_��.�...�to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED 5 17 �
��������d
NO PUBLIC in and f he State
of Washington, residing at ���
My Appointment Expires: �� a9 s-
�3
�
O STATE OF WASHINGTON )
) ss.
� COUNTY OF )
� �
� I certify that I know r have satisfactory evidence that • • tgned this instrument,
� on oa�ate that was authorized to execute the instrument and acknowledged it
as the�• of «1 o be the free and voluntary act of such party for the uses and
purposes mentione in t e instrument.
DATED � �
Y P C in and for the Stat% �
of Washington, residing at K�
My Appointment Expires:
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7RSLER
.
EXHIBIT A
Drawing showing License Areas
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's?" TAKEN • �►J � � `� �- ' `� � C
FROM. �_ i1�G �Oi,N t,, ���11 � . c�
� Plan sheet C6, Water � z� �
� Systems Improvements Pro�ect, 60
.. Harris Group Inc. contract
#91-1333, Boeing �ob #350813 , � .
dated June 4, 1992 . • �
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:;`.�, NOTE: ' �
"� Pipeline extension��the �"� � �� '� � �
"' easement shal l be taped traced. � 0 GAN I���
��- The excavation will be backfilled �
�;:, with �ontrol Density Fill before � � � � � � � 6� �»
- paving.