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<br />11 -01 -91
<br /> A ALE 11
<br />DATE
<br />CITY OF SEATTLel PARTMENT
<br />PERMIT AGREEMENT
<br />EP26.33.1
<br />THIS AGREEMENT is entered into by and between the CITY OF SEATTLE, a municipal
<br />corporation of the State of Washington, hereinafter called the "City and The
<br />City of Tukwila, hereinafter called "Permittee for and in consideration of the
<br />mutual benefits and terms and conditions herein below set forth in greater detail, to
<br />provide for the use by the Permittee of certain real property owned by the City.
<br />WHEREAS, the City owns in fee the BOW LAKE PIPELINE RIGHT -OF -WAY, aka the Cedar
<br />River Pipeline No. 4 Right -of -Way (CRPL #4 R /W), a 30 -feet wide right -of -way con-
<br />taining a 60 -inch concrete water pipeline located in part adjacent to Permittee's
<br />property, and
<br />NOW, THEREFORE, it is mutually agreed by the City and Permittee as follows:
<br />1. Permittee is hereby granted a revocable permit to construct, operate and
<br />maintain a wood frame bridge structure 6 -feet in width with footings a minimum of
<br />8.00 feet from the centerline of CRPL #4 R/W for a pedestrian path along the westerly
<br />margin of Klickitat Drive, (per Reid Middleton Consultant Engineering Plan No.
<br />21 -88 -033), described as follows:
<br />Beginning at the southwest corner of Section 23, Township 23 North, Range 4
<br />East, W.M., King County, Washington;
<br />Thence East 88 °12'00" West, along the south line of said section a distance of
<br />1,200 feet;
<br />Thence North 07 °58'42" West, 13 feet to the south margin of the City of
<br />Seattle's 30 -foot wide CRPL No. 4 R/W and the True Point of Beginning
<br />(T.P.O.B.);
<br />Thence continuing North 07 °58'42" West, a distance of 30 feet to the north
<br />margin of CRPL No. 4 R /W;
<br />Thence west along the north margin of CRPL No. 4 R/W a distance of 6 feet;
<br />Thence south a distance of 30 feet to the south margin of the CRPL No. 4 R /W;
<br />Thence east along the south margin of the CRPL No. 4 R /W, a distance of 6 feet
<br />to the T.P.O.B.
<br />2. A permit application fee in the amount of $500.00 is required; and an annual
<br />rental fee of $100.00 is due on or before the effective date of this agreement, which
<br />shall be November 15, 1991.
<br />3. The City shall at all times have free access to the permit area for the
<br />operation, maintenance and repair of its water pipeline or for any other purpose, and
<br />Permittee agrees that the City shall not be responsible for the restoration or repair
<br />of any of Permittee's improvements destroyed or damaged during such operation,
<br />repair, maintenance or other purposes, and Permittee shall not be entitled to payment
<br />for damages for any loss of use of the permit area during such operation, maintenance
<br />and repair, other than a pro -rata credit for prepaid rent. Permittee agrees that no
<br />change in the existing grade within or adjacent to the permit area shall be made
<br />except with prior approval in writing from the City's Superintendent of Water.
<br />4. It is understood and agreed that Permittee will operate and maintain the
<br />permit area in a clean, safe and orderly condition at all times. As a condition of
<br />the issuance of this permit, Permittee shall, at Permittee's own cost and expense,
<br />provide and maintain a waste -free surface upon the permit area and provide for the
<br />disposal of the surface storm drainage water from the permit area. Permittee also
<br />agrees to reimburse City for any costs incurred resulting from the removal of
<br />Permittee's structure and improvements in the event City needs to repair, upgrade or
<br />replace City facilities.
<br />5. Permittee agrees, upon receiving a bill therefor from the City, to promptly
<br />pay for any loss or damage to the City's pipeline, the right -of -way, or other City
<br />facilities caused by or resulting from the use by Permittee or anyone else of the
<br />permit area. And further agrees at all times to protect and save harmless the City
<br />from all claims, actions, suits, or damages of every kind and description which may
<br />accrue to or be suffered by any person or persons by reason of the use or occupancy
<br />of said permit area. In case any action or suit shall be instituted or begun against
<br />the City for damages arising out of or by reason of such occupancy, Permittee shall,
<br />upon notice of commencement of such action or suit, defend the same at its sole cost
<br />and expense. And in case judgment shall be rendered against the City in any such
<br />actions or suits, Permittee shall fully pay and satisfy such judgment within ninety
<br />days after such action or suit shall have been finally determined.
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