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Home My WebLink About2001 - Encroachment Agreement - Group Health Cooperative / City of Tukwila - 20010030004822001003000482 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Return Address City of Tukwila City Clerk's Department 6200 — Southcenter Blvd Tukwila, WA 98188 206-433-1800 Document Title AGREEMENT Be_rwreyouPHE LT/1 A71ar Of PU6E7SOUND A VIE COY P GK / lAT/MS 710 OWNERS ENCRONLWINENT INTO CITY RIGHT OF WAY PERMIT MI2000-/BO Parties The City of Tukwila, Washington Other 8/46.5 8/LL Lan Name Feel Nome Inmate voup HEAL7N Coz7PPe9T/UE A'6ET5W4 Company Name Algol WALL 5T. Gem- - [vft 98/ai city State WA Assessor's Property Tax Parcel/ Account Numbers 73 40600480 134560000 esl errr AGREEMENT BETWEEN GROUP HEALTH COOPERATIVE OF PUGET SOUND AND THE CITY OF TUKWILA RELATING TO PROPERTY OWNER'S ENCROACHMENT INTO CITY RIGHT OF WAY WHEREAS Group Health Cooperative, hereafter referred to as "Group Health" will construct a data and communications conduit that will connect two facilities located at 12400 East Marginal Way South, Tukwila, Washington (Parcel Number 7340600480) and 12401 East Marginal Way South, Tukwila, Washington (Parcel Number 7345600490), WHEREAS to connect the two facilities at above addressees, Group Health will construct said conduit within the City of Tukwila, hereafter referred to s "CITY", per Exhibit 'A', which permits CITY access to utilities located underground, WHEREAS Group Health recognizes that the CITY possesses police powers granted to it by the Washington State Constitution, Art, XI to regulate its nghts of way and to generally provide for the public health, safety, and welfare, and that the CITY likewise has the legal authonty to abate any obstructions or encroachments of it nghts of ways or utility easements und:r RCW 7 48; WHEREAS Group Health recognizes that should the CITY at any time require access to the right of way at the locations described above, the CITY has the authonty to remove any obstructions or encroachments on the right-of•way and can charge the cost of such removal to the responsible property owner, and, WHEREAS Group Health recognizes that the CITY also has the authority to file a lawsuit requiring removal of any obstructions or encroachments in the nght-of-way, NOW THEREFORE, in consideration of the promises and mutual covenants of the parties set forth herein, the sufficiency of which consideration is hereby acknowledged, IT IS HEREBY AGREED AS FOLLOWS CITY hereby grants to Group Health, the nght and permission to use CITY nght- of- way for the installation, repair, maintenance and use of a data and communications conduit within that certain portion of the nght•of.way as reflected on Exhibit "A". This permission shall run with the land for the benefit of Group Health and its successors and assigns Group Health's ability to use CITY right-of-way is not exclusive and the CITY may require relocation in the future or the CITY may collocate other utilities within the same nght-of-way In exchange for and in consideration of the CITY's agreement to forbear any filing of a lawsuit requlnng removal of the obstruction or encroachment created by Group Health on the nght-of-way located at the address, above, Group Health agrees to defend, indemnify, and hold the CITY harmless as follows. 0 Group Health shall maintain accurate engineenng plans and details of all installations within the nght of way and shall provide as -built plans prior to close-out of Permit Number MI2000.180. CITY shall determine the acceptability of any as -built submittals Group Health agrees to defend, indemnify and hold harmless the CITY from any and all claims for damages brought by any party regarding the data conduit, it's operation, maintenance and repair of the same, and shall defend, Indemnify and hold harmless the CITY from all liability for the CITY's actions taken, if any, to remove the encroachment or obstruction from the CITY's right -of --way, in the event the CITY is required to do so to Install, construct, repair or otherwise maintain uhtuies within the CITY's nght-of-way This indemnification shall include damages, costs, and reasonable attomey's fees, and shall not apply with respect to any willful or negligent tortuous act or omission of CITY Whenever the CITY detemunes that it is necessary for any of Group Health's facilities to be moved or relocated to accommodate the construction, alteration, repair, or improvement of the nght-of-way for purposes of public welfare, health, or safety, CITY shall notify Group Health in writing of such determination, and Group Health shall promptly submit plans for such relocation. Within 90 days of the approval by the CITY of the plans for relocation, Group Health shall relocate those facilities designated by the CITY All costs of moving or relocating such facilities shall be the sole responsibility of Group Health Group Health shall subscribe to and maintain membership in the regional "one - call" utility location service and shall promptly locate all of its lines upon request The City shall not be liable for any damages to Group Health's system, components, or interruptions in service for which Group Health has failed to properly locate its facilities within the prescnbed time limits and guidelines established by One -Call The CITY shall also not be liable for any damages to Group Health system components or for interruptions in service resulting from work performed under any other pemut issued by the CITY If any of Group Health's action or lack of action to correct a situation that threatens life or property, the CITY may order Group Health to immediately correct said emergency situation, or at the CITY's discretion, undertake measures to correct situation itself Group Health shall be liable for all costs, expenses, and damages attnbuted to the emergency as undertaken by the CITY. CITY shall be reimbursed of all costs within thirty (30) days of the completion of the emergency project' Nothing in this Agreement shall relieve Group Health from any obligation to obtain approvals or necessary permits from applicable federal, state and CITY authonties Dated this day of 15_443Z 2000 CITY OF TUKWILA PUBLIC ORKS DIRECTOR DIRECTOR OF ADMINSTRATIVE GROUP HEALTH COOPERATIVE PUGETAQUND I1 -u 4 'p-ok-. SERVICES STATE OF WASHINGTON COUNTY OF KING I1M qq afyy Oran Snd/on Ilrr IltAn-this day, before me personally appeared OW to me known to be the PUBLIC WORKS DIRECTOR for the City o 7\' ituwda, and executed duo inawment on behalf of the City of Tukwila in his capacity ATMLIC WORKS DIRECTOR and acknowledged that he is authonzed to do so at their free and voluntary act and deed, for the uses and purposes therein mentioned WO' GIVEi• 04p emy hand and official seal this 31.st day of &Ica . 2000 sgi 'p>.05i0N ..Lill) •a NOTARYToa', u lii STATE OF WASHINGTON COUNTY OF KING NOTARY PUBLICifor the State of Washington residing at /Q1ni.tcri, My commission expires b-/6. 09 On this day, before me personally appeared '3 • y{la me known to be the00trive cf 1/60, NAtWs Lir.rc for Group Health (3:ooperauvr.'rc/tY e, and i}s,Ass i.,s'%aliw executed this instrument on behalf of Group Health Cooperative his capacity aa' and acknowledged that he is authonzed to do so at their free and voluntary act and deed, • A"na3 for the uses and purposes therein mentioned GIVEN under my hand and offi al seal this 0 day of ,u"` 2000 fOvAct,^ C ( c LLU h_) OTARY PUBLIC in and for the State of ,