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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 P p 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 1 jim/fteing l (cont.) 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 2 jim//hoeing I ATTACHMENT A CITY OF RENTON BOAT HOUSE oG`_ G�GN \N PSN�N \ \ j o VY o-, 1 1'o q o BOEING BLDG. 4-41 C- o (Point of Connection.) C- 393 Mg i 1 1 < < 4 � s it l k � ' = PLAN VIEW____o