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HomeMy WebLinkAboutE 20040401000154 Recording Requested By And When Recorded Mail To: City of Seattle SPU -WTR I � 700 Fifth Avenue Suite 4900 Seattle, WA 98104 20040401000154 SEATTLE PUBLIC EAS 25.00 PAGE001 OF 007 04/01/2004 09:37 KING COUNTY, WA Reference#s of Documents R�leased or Assigned: none Grantor: CITY OF SEATTLE, a municipal corporation of the State of Washington Grantee: CITY OF RENTON, a municipal corporation of the State of Washington Legal Description (abbreviated): Pt. of the W'/2 of the NE %of Sec. 21, T. 23 N., R. 5 E. W.M. Tax Parcel ID#: Pt. of 212305-9040 SPU#371-610 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Easement Agreement") is made this ��t`� day of �1�r� , 2004 by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting by and through Seattle Public Utilities ("Grantor') and the CITY OF RENTON, a municipal corporation of the State of Washington ("Grantee") for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Grantor hereby conv�ys and quitclaims to Grantee a perpetual, nonexclusive easement in, on, over and across the land depicted in Attachment A (the "Easement Area") described as follows: That portion of the 60-foot-wide City of Seattle East Side Supply Line right-of-way(formerly known as the Mercer Island Pipeline right-of-way) as condemned by Ordinance 84393 of said City of Seattle and awarded in Verdict 2 of King County Superior Court Cause No. 486190, lying south of the Cedar River and lying north of the South line of the North half of the Southwest quarter of the Northeast quarter of Section 21, Township 23 North, Range 5 East, "� W.M., situate in King County, Washington for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project (the "ProjecY'), located as shown in Attachment A, by Grantee, its officials, employees, agents, licensees, contractors and consultants. For such ingress and egress, Grantee shall have the right to use, construct, operate, maintain, alter, improve and replace the road presently existing in the Easement Area (together with drainage and other appurtenances thereto, the "Road"); and, within the Easement Area, to trim, cut, fell and remove all trees, underbrush, other vegetation, obstructions or structures that create unreasonable obstacles to such ingress and egress. This easement is granted subject to the following General Terms and Special Terms: Page 1 GENERAL TERMS 1. Grantor reserves to itself the right to use or occupy the Easement Area or any portion thereof for any of its own purposes, not inconsistent with the purpose for this Easement, including without limitation the construction, installation, repair, rep�acement, maintenance, operation of Grantor's water transmission pipelines, related facilities or other Grantor improvements, and lateral connections thereto. Grantor shall not be liable or responsible for any relocation, damage to or restoration of the Road, its appurtenances or any other portion of the Easement Area that may be caused or necessitated by, or result from any use or occupancy of the Easement Area by Grantor, its employees, contractors, invitees or agents. 2. Grantor reserves to itself the right to temporarily close the access road in the Easement Area to travel when necessary for Grantor's operational needs; provided, that Grantor shafl notify Grantee in advance of any such work, except when an emergency exists. If reasonably practical for the Grantor, Grantor wiil provide substitute access within the Easement Area, if required by the Grantee, in the event the access road is closed for a period longer than 10 days. 3. Grantor reserves to itself the right to grant easements, permits or other use rights to parties other than Grantee that are not inconsistent with Grantee's use of the Easement Area. 4. Grantee's use of the Easement Area shall in no way interfere with the present or future use thereof by Grantor. 5. Grantee understands and agrees that this Easement Agreement grants rights of ingress to and egress from the Easement Area oniy to Grantee, its officials, employees, agents, licensees, contractors and consultants, and not to members of the general public. 6. Grantee, at its sole expense, shall be responsible for the maintenance and safety of the Road. Grantee shall maintain the Road in a safe and passable condition at all times, and to take such measures as may be necessary to abate dust from traffic using the Road. 7. Before the commencement of any improvement, change of grade, substantial repair or replacement of the Road (each, a "Road Improvement") by Grantee or its agents, employees or contractors, Grantee shall deliver plans and specifications to Grantor's Seattle Public Utilities (SPU) for review and approval or disapproval. Such plans shall indicate the permanent grade established and depth of cover over any then-existing pipelines and other utilities, and shall show the drainage pattern within the vicinity. No Road Improvement shall be undertaken without the prior written approval of the Director of SPU, which shall not be unreasonably withheld. In addition, forty-eight (48) hours notice shall be given to SPU prior to commencement of any Road Improvement. If an emergency arises, Grantee or its agents shall immediately phone SPU at(206) 386-1800. 8. All alterations, moving or adjusting of pipelines and/or other Grantor facilities required by Road improvements undertaken by Grantee shall be performed by Grantee, subject to Grantor's prior approval of Grantee's plans for such work, at no cost to Grantor. 9. Grantee shall be liable for and pay when due all taxes (including without limitation leasehold excise tax), assessments and fees imposed on Grantor or Grantee by reason of Road or on any property interest created by this easement, and Grantee shall fulfifl all other fiscal obligations required by law. 10. A. All Grantee's operations or activities on or occupancy of the Easement Area, including ,_� ;� without limitation, any use or occupancy of the Easement Area by any official, employee, agent, ";x� representative, 4icensee, consultant, contractor, licensee, visitor or invitee of Grantee, shall comply with ''�`�. ' all Environmental Laws (as defined in section 10.B), including those governing, or in any way relating ' "� Page 2 ���'+' �.A,= w � „�;�. ���. #� -,,�: to, any Hazardous Substance (as defined in section 10.C). If Grantor's property becomes contaminated as a result of actions hereunder by Grantee, its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors, Grantee shall clean up and remediate such contamination as necessary to bring the property in compliance with Environmental Laws. If Grantee does not so act in a prudent and prompt manner, Grantor reserves the right, but not the obligation, to act in piace of Grantee and to take such action as Grantor deems necessary to ensure compliance or to mitigate the violation. All costs and expenses incurred by Grantor in connection with any such actions shall become immediately due and payable by Grantee upon Grantor's presentation of an invoice therefor. B. For the purposes of this Easement Agreement, the term "Environmental Law(s)" means any local, state or federal law, regulation, ordinance, order or other source of law, now or hereafter in effect relating to the protection of human health or the environment including, but not I;mited to: the Federal Clean Air Act; the Federa!Water Pollution Control Act; the Federal Safe Drinking Water Act; the Federal Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Federal Resource Conservation and Recovery Act, as amended by the Solid and Hazardous Waste Amendments of 1984; the Federal Occupational Safety and Health Act; the Federal Emergency Planning and Right-to- Know Act of 1986; the Federal Hazardous Materials Transportation Control Act of 1980; the Federal Water Act of 1977; the Federal Insecticide, Fungicide and Rodenticide Act; the Federal Waste Management Recovery and Recycling Act; the Washington Hazardous Waste Management Act; the Washington Hazardous Waste Fees Act; Washington Model Toxics Control Act; the Washington Nuclear Energy and Radiation Act; the Washington Radioactive Waste Storage and Transportation Act; the Washington Underground Petroleum Storage Tanks Act; and any regulations promulgated thereunder from time to time. C. For purposes of this Easement Agreement, the term "Hazardous Substance(s)" means any and all dangerous, hazardous or toxic substances, materials, wastes, pollutants or contaminants regulated under or subject to any Environmental Laws, including but not limited to those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. §172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the Washington Model Toxics Control Act (Chs. 70.105D RCW 8221 RCW), petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any Environmental Law. 11. Grantee shall indemnify Grantor as follows: A. Grantee shall release, defend, indemnify and hold harmless Grantor, its o�cials, employees, agents, licensees, contractors, consultants, invitees and representatives (collectively, the "Indemnitees") from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages, and liability of any kind or character asserted or arising from, on account of, or in connection with (i) Grantee's exercise of its rights or obligations under this Easement Agreement, (ii) the acts or omissions of Grantee and its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors in or upon the Easement Area or (iii) any damage to or failure of the Road resulting in any damage or injury to any person or property; provided, however, � nothing herein shall require Grantee to so indemnify and hold harmless Grantor to the extent of the negligence of Grantor, its officials, employees, agents, consultants, contractors, representatives, invitees or licensees. B. Grantee shall release, indemnify, defend and hold harmless the Indemnitees from and against all claims, actions, regulatory demands, judgements, liens, damages, harm, penalties, fines, � costs, expenses, liabilities or losses (including, without limitation, clean up or remedial costs, injuries to third persons, sums paid in setttement of claims, attorneys' fees, consu►tant fees, and expert fees) � which are imposed on, paid by, or asserted against the Indemnitees in connection with any violation of � Page 3 ' ,:� Environmental Law by Grantee, its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. C. As between the parties and solely for the purpose of effectuating the indemnities contained in subsections A and B of this section 10, Grantee expressly waives any immunity, defense or protection that may be granted to it under the Washington State Industrial Insurance Act, Revised Code of Washington Title 51 or any other industrial insurance, workers' compensation or similar laws of the State of Washington. This section shall not be interpreted or construed as a waiver of Grantee's right to assert any such immunity, defense or protection directly against any of its own employees or such employee's estate or other representatives. This section 10.0 has been mutually negotiated by the parties. Initialed by: ...� �"�' Grantee Grantor 12. Grantee shall n�t assign its rights or obligations hereunder except with the prior written consent of Grantor, which consent shall not unreasonably be denied. Subject to the preceding sentence, the rights and obligations of Grantor and Grantee shall inure to the benefit of and be binding upon their respective successors and assigns. Should it be necessary for the United States, acting by and through the Seattle District, United States Army Corps of Engineers, to provide operation or maintenance on the Project due to the failure of the Grantee to provide required operation or maintenance, then in that event on behalf of the Grantee, the United States may use this easement, subject to the terms and conditions contained herein, with the exception of indemnification obligations, and subject to compliance by the United States with all state and local laws, rules and regulations not in conflict with federal law; provided that the Grantor may proceed against the United States under the Federal Tort Claims Act or other applicable federal law for any damage the United States may cause or for any breach of the obligations of the United States hereunder. 13. This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed upon time or (ii) Grantee is in default of its obligations hereunder, does not commence a cure within thirty (30) days of Grantor's notice of such default, and does not proceed with diligence to cure such default. The Grantor shall provide written notice to the United States of any action or failure to act on the part of the Grantee that would give rise to termination of this Easement Agreement 120 days prior to termination. Notwithstanding any provision of this Easement Agreement to the contrary, no termination of this easement will occur if the Grantee or the United States is utilizing reasonable efforts to cure the non compliance with the easement terms. In the event of termination of this Easement Agreement and upon Grantor's request, Grantee shall execute and record a Release of Easement Agreement. No termination of this Easement shall release Grantee or Grantor from any liability or obligation (including without limitation Grantee's obligations under section 10) with respect to any matter occurring prior to such termination. SPECIAL TERMS: 1. Grantee will be responsible for locking the right-of-way gates upon entering and exiting the Easement Area. 2. All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way. 3. Grantor authorizes and Grantee agrees to provide law enforcement for the Easement area. Page 4 i � a � 4. Grantor authorizes and Grantee agrees to clean-up debris and material dumped or abandoned in, or in the vicinity of, the Easement Area as a result of Grantee's exercise of its rights hereunder. 5. CONTACTS: - Seattle Public Utilities Citv of Renton Reai Estate Services—WTR Surface Water Utility - 5th floor 710 Second Avenue— 10"' Floor 1055 South Grady Way Seattle, Washington 98104-98055 Renton, Washington 98055 Routine operational issues, 425-255-2242 Contact: Ron Straka, Utility Engineering Supervisor Property management issues, 206-684-5969 Phone: 425-430-7248 In case of emergency, 206-386-1800. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first above written. The City of Sea le The Cit of Renton � � � By: By: > ' /' l CHUCK CLARKE, Director GREGG ZI M RM ; d inistrator Seattle Public Utilities Planning/B ii ng/ ublic Works Department STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that CHUCK CLARKE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the DIRECTOR of SEATTLE PUBLIC UTILITIES, of the City of Seattle, a municipal corporation of the State of Washington, to be the free an voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: � J� �'�� � �. ``�►��N11�►►���� Notary (print name)_�{YI(:.�( . �. 6��l'��_22� �����`O*4' M�9E��''. ``�.���1► Ol�� y0��� Notary Public in nd for the State of Washington, � �" NpT�y � � residing at 1�f1 /�/(,��� � / = � '��"' - My Appointment expires � —`Q-'(�C� — s � � jOUBL��' � ��'J��:;�p 4� �?�� --,9rF.�,i o Zo° � ���� ��'!�i,�F'W A N�`�G`�. Page 5 � STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GREGG ZIMMERMAN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ADMiNISTRATOR, of PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT of the City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. _� ,t s .�' ��► �`— � � f � Dated:�- �� � ---'�_�.�:�- ` , - __,�-' �. =�wP�`SS��NF�.A�9,L's, Notary (print name)`` =;n�< r� � , �\t�� F,��l-ti � ��, �� � � , � :o`��OTA/�y N=: � Notary Public in and for the State of Washington, � • 0.0 � /� � i '� N�:. �'UB�IG :'2, residing at � _� '_��,..<.--,,. r �,��-> ����9��•r�-19-��• 'C?��" My Appointment expires � � — �� —��l / �_ ��'�o,�F WASN�,-- � 5 3 Page 6 � � f °�-:.. � - i '� 1 . � � . >� �---�---•-- _....._ ___ ' , _ .., � , , ��. �� ;; �, .. _��� A ; � ' � : , . . i ��' ` �--;YA ST:,TE I�N� �+"'"� � �„��_,._._,_ �, � '" �34—YEA�22 Rr:N�1t+.4�i� e..�, � ;., � , ��,a ` . .. . ��ul Ef�SF:r,EEh�7 t'�,a � ��• '.';::�'�h' '� � �. ���� ... �..i" ..i.;�tS. �.,ei��.E«..�a.�...,:..;��,^sYA,.' `� ' w.� t � r.��i� n� ;.;�"„ ;r" :�``.> r.�`^':. 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'L_�,�' /\J v+a� iiDR ^^" � 2 ��' � �'� �""' ' �� . .� }' pl�c5t[D: RS S.LAtE: 3' d�".0' nnn nxw, rw;a;: 4 /� � "� R6 �`i� . .� MPR�I�: KS ...._._ St��k't: �..._.,iX: �� ' . ` �f, . .���� .�, .,;,y�,�e:a�. . `��,.m�_ k- "d.. ` • Bob Gambill SPU File#371-425 � 2008 06 10 Granted in conjunction with SPU R/W#371-610 THE CITY OF SEATTLE-SEATTLE PUBLIC UTILITIES (SPin TEMPORARY USE PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION SPU R/W#371-425 Granted in conjunction with SPU R/W#371-610 (Easement Granted by Seattle to Renton) Whereas, City has granted and the City of Renton("Renton")has accepted and entered into an Easement Agreement, authorized by City of Seattle Ordinance No. 121156, and recorded under King County Recording No. 20040401000154, hereto attached by reference("Easement Agreement"), which grants Renton limited use of a portion of the City's East Side Supply Line Right of Way, ("Easement Area"), in Section 21,Township 23 North, Range 5 E.W.M., all located in King County, State of Washington, for the purpose of ingress to and egress from City of Renton's Cedar River Spawning Channel Project ("Facilities"), and Whereas, Renton has notified the City that it is proceeding with construction of the Facilities, and Whereas, Section 13. of said easement provides, "This Easement Agreement and all of Grantee's rights hereunder shall ternunate in the event that(i)Grantee ceases to use the Easement Area for a period of three(3) years or other mutually agreed upon time". Now therefore, in consideration of mutual and off-setting benefits, compensation as herein provided, and upon the execution of this TEMPORARY USE PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION("Pernut"),the City confirms that Easement Agreement under King County Recording No. 20040401000154 still valid, and Subject to the terms and conditions contained herein,this PERMIT for RIGHT of WAY SECURITY, and WATER TRANSMISSION PIPELINE PROTECTION is made by and between the City of Seattle, acting by and through Seattle Public Utilities("City")and the City of Renton("Renton") for the purpose of construction of the Renton's Facilities. SPECIAL CONDITIONS 1. Prior to construction,Renton must contact Richard Cox of SPU Lake Youngs Operations at(206) 399-2496 or(206) 684-3933 and Charlie Madden of SPU Water Engineering at 206-684-5977 to arrange a Pre-Construction Meeting. 2. As per Provision 2 of the Special Conditions in the Easement Agreement 20040401000154, which states: "All vehicles are restricted to H-201oading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the Easement Area. 3. The City is concerned for the safety and security of the Water Transmission Pipeline and Easement Area. Renton understands and agrees it is the Renton's responsibility to protect the pipeline and Easement Area from any damages that may occur due to the construction of its Facilities,therefore: Prior to construction equipment entering Easement Area,Renton or its contractor shall submit a plan to Seattle Public Utilities a plan for crossing the City's Water Transmission Pipeline. Said plan shall be prepared by a Professional Engineer and shall take into consideration the loading and vibration caused by the construction vehicles and activities and shall include a process to request a stop work order from the U.S. Army Corps of Engineers. 080617 Final SPU Permit.doc Page 1 of 4 • Bo6 Gambill SPU File#371-425 • ' 2008 06 10 Granted in conjunction with SPU R/W#371-610 The City highly recommends that in order to protect the pipeline and Easement Area from damage that could be caused by acts of 3`d parties,whom could use the construction equipment or materials as an instrument to damage the pipeline or Easement Area,that a security guard be posted at all times when active construction is not taking place, and no keys are left in any equipment. 4. Renton must immediately notify the City of any damage to the Water Transmission Pipeline. 5. Renton is liable for any damage to the City's Water Transmission Pipeline and Easement Area resulting from or connected with the Renton's Facilities or its use the City's Easement Area. 6. Copies of this Pernut and pipeline crossing protection plan, must be available on-site during construction at all times. 7. The City may elect to have a construction inspector on site and/or make periodic site visits to monitor activities that occur within the Easement Area and enforce compliance with Pernut requirements. The Renton shall be charged for such inspection as per provision#2 of the"FEES and COSTS" contained herein. The approximate hourly rate per is $75.00. 8. The Renton understands and agrees that all activities within the City's Easement Area are subject to the approved crossing plan. Activities that are not in compliance with the approved plan that create a risk of harm to the City's facilities are not authorized. In that event,the City's inspector may request a stop work order from the U.S. Army Corps of Engineers using the procedure set forth in the approved crossing plan. 9. Equipment and materials shall not be stored on the Easement Area unless a storage plan is submitted to Seattle Public Utilities for review and is approved. 10. Renton and City agree that it is in the mutual interest of each party to provide security to the Easement Area for the protection of the Spawning Channel and the Water Transmission Pipeline. Therefore Renton and City hereby agree to cooperate with each other and coordinate efforts in providing security, including: Provide each other with the names and contact information for the individuals responsible for security of the construction site,respond to security threats in the future, and are responsible for and operational issues related to the Easement Area and to Renton's and City's assets, and Cooperate and share the cost equally to install and maintain Right of Way Gates and other improvements that will prohibit public access to the Easement Area and the Cedar River using the Easement Area. The location and design of the gate and improvements to be determined by mutual agreement, and Provide Police enforcement and cooperate with City's Security personnel, and Any other mutually agreed upon actions 11. Renton agrees that the City shall not be liable for any damage to the Spawning Channel, except where such damage is caused by the sole or comparative negligence of the City, its agents or employees. 12. It is understood and agreed by the Renton that all the terms, conditions and stipulations of aforesaid Easement Agreement,recorded in King County under King County Recording No. 20040401000154, remain in full force and effect. The terms, conditions and stipulations contained herein are in addition to the provisions of the aforesaid Easement Agreement. In the event of a conflict, the provisions of the Easement Agreement shall control. 080617 Final SPU Permit.doc Page 2 of 4 � ' Bob Gambill SPU File#371-425 � 2008 06 10 Granted in conjunction with SPU R/W#371-610 GENERAL CONDITIONS: 1. The term"Grantee", as used herein, includes its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. 2. This Pernut is not valid until signed by an authorized representative of the City of Renton and counter-signed as APPROVED by the Manager of SPU Real Estate Services. 3. Renton shall acquire no right or interest in the Easement Area, or to the occupancy of the same, or any part thereof,other than the easement rights already granted. 4. The use herein granted to Renton shall be non-exclusive and the City reserves to itself, its successors and assigns the right to use the Easement Area for any City purpose and grant other pernuts across said Easement Area, which shall not unreasonably conflict with Renton's operation of its Facilities. 5. This Pernut is intended to convey limited use and rights only. None of the rights granted to the Renton shall affect the City's jurisdiction of, or power to perform work within its Easement Area. Renton shall in no way interfere with City's present or future use of its Easement Area. 6. Renton is solely responsible for determining the need for and obtaining all permits that are required in order to complete Renton's construction activities. 7. Renton has not relied on the City for the assessing site conditions or determining the suitability of the site conditions to accommodate the Renton's construction activities. 8. Renton's work is to be prosecuted with diligence, and with due respect to all property, contracts, persons, rights and the interest and convenience of the public. Renton agrees to restore the Easement Area to the condition found or better. 9. Renton shall ensure that no erosion, excavation,runoff,pollution, siltation or turbidity from its activities shall adversely affect the Easement Area or the surrounding environment. 10. If Renton has not corrected, or made an acceptable agreement with the City to correct any condition caused by the Renton that the City deternunes as unacceptable within ten(10)days of notification by the City,the City may perform such work, and all reasonable costs incurred shall be billed to the Renton. Except the City may act immediately for conditions which pose a threat to public health, safety or the environment. The Renton agrees to pay such bills in a timely manner. 11. Renton agrees that it is responsible for limiting its use of the Easement Area to those purposes approved in the Pernut and further agrees that all actions, operations or activities on or occupancy of the Easement Area, including without limitation any use or occupancy of the Easement Area by any official, employee, agent, representative, licensee, consultant, contractor, visitor or invitee of Renton, shall be the same as if performed or caused by the Renton. 12. This Pernut is not transferable. 13. Construction shall be complete within 12 months,beginning on the date of APPROVAL by the Manager of SPU Real Estate Services. If construction work is not completed within 12 months,and the Renton has not violated any terms and conditions of this pern-ut or the Easement Agreement, and the City does not have another project which would conflict with the Renton's construction, Renton can apply for a 12 month extension. 080617 Final SPU Permit.doc Page 3 of 4 • Bo6 Gambill SPU File#371-425 � " 2008 06 10 Granted in conjunction with SPU R/W#371-610 FEES and COSTS: 1. The Renton has paid the City$10,500,which has been deposited into SPU Guaranteed Deposit Account#040391. From these funds Renton has paid a non-refundable Fee shall be withdrawn in the amount of$1,400.00. 2. In addition to the Fee of$1,400, as noted in the preceding paragraph#1 herein,Renton agrees to pay to the City for its costs associated with or caused by the Renton's construction of the Cedar River Spawning Channel or on-going operations or maintenance within the Easement Area. As of June 5, 2008, these costs total$5026.56, for a total cost to June 5, 2008 of$6,426.56. If the total costs to the City in conjunction with this Permit exceed the amount of the deposit,the Renton agrees, upon being billed,to pay all such costs. If the costs to the City in conjunction with this Pernlit are less than the amount of the deposit,the City will reimburse the Renton the remaining balance. Pernut CONTACTS: THE CITY OF SEATTLE Emergency: call the 24-hour dispatch at (206)386-1800, Ext. #3. Charlie Madden, SPU Engineering at (206)684-5977 Richard Cox, SPU Lake Youngs Operations (206) 399-2496 or(206) 684-3933 All other conespondence or inquiries should be directed to: Bob Gambill, SPU Real Estate Services: (206)684-5969 Address: Seattle Public Utilities Real Estate Services—WTR Seattle Municipal Tower 700 5`h Avenue, Suite 4900 PO Box 34018 Seattle WA 98124-4018 City of Renton Surface Water Utility- Sth floor Contact: Ron Straka, 1055 South Grady Way Utility Engineering Supervisor Renton, Washington 98055 Phone: 425-430-7248 Renton agrees to notify the City of any change in its contact information. SEATTLE PUBLIC UTILITIES THE CITY OF RENTON APPROVED BY: ACCEPTED BY: � ����� AUDREY C. HANSEN G GG M , Administrator Manager, Real Estate Services Public Works epartment Date �'�� �Go Date � 080617 Final SPU Permit.doc Page 4 of 4