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HomeMy WebLinkAbout98-096 - King County - Right-of-Entry I-Net ProjectRIGHT OF ENTRY AGREEMENT TO KING COUNTY, WASHINGTON Return Address. King County I -Net Project 700 Fifth Ave., 23rd FI Seattle, WA 98104 Attn. Client Agency Coordinator THIS RIGHT OF ENTRY AGREEMENT (hereinafter "Agreement") is made and entered into as of the day of , 1998, by and between The Ci ty of Tukwi 1 {hereinafter "Owner"), and KING COUNTY, a charter county organized and existing under the laws of the State of Washington (hereinafter "County") RECITALS A. WHEREAS, Thp City of Tukwila is the owner of certain real properties (hereinafter the "Properties"), buildings (hereinafter the "Buildings") and any associated conduit or aerial attachment at the location(s) legally described in Appendix A, which Appendix is attached and incorporated by this reference as if fully stated herein, The common name and address of each property and building is listed below• 1 Property name City of Tukwila Building name, if different City Hall Street Address 6200 Southcenter Blvd , City Tukwila Zip code 98183 i 2 Prope name / Buildinge, if different Street ddress Ci Zip code 3 lrgperty na e Build -mo arm, if different Street,r-kaatess City Zip code [Attach additional sheets as needed and so indicate in the space below] the number of sheets attached to this site list is sheets. This list shall constitute the "Buildings" and may also be referred to as Appendix B This appendix is attached and incorporated by this reference as if fully stated herein, B WHEREAS, King County, Washington (hereinafter the "County") is currently planning to construct an institutional network (hereinafter the "I -Net"); C WHEREAS, the County would like to make I -Net services available at the Properties, D [choose D-1 if the I -Net user is NOT the building owner or D-2 if the I -Net user is the building owner Crossout, initial and date the paragraph that is NOT applicable] D-1 WHEREAS, (hereinafter "User") is not the owner of the Properties but the User wants to have I -Net services available to it, and the Properties' Owner has concurred in writing and such written concurrence is attached and incorporated by this reference as if fully stated herein, [OR] D-2 WHEREAS, the Properties' Owner wants to have I -Net services available to it; E WHEREAS, making services available will require that County staff or its designees to come on to the Properties and into the Buildings to inspect, survey, construct, reconstruct, install, repair, maintain, replace, and remove I -Net conduit, fibers, equipment, and appurtenances {hereinafter the "I -Net Facilities") in, over, under, across and upon the Properties and Buildings thereon (hereinafter " Work ") Actions taken under this grant could include, but are not limited to running fiber optic lines, either above ground, in conduit, or in some combination thereof through the Properties, installing optical fiber into a building on each of the Properties; running fibers from the point of entry into the building to the fiber's point of demarcation, installing an equipment rack at the point of termination, and terminating fibers at that rack. The Owner and User also understand that County staff and its designee will need to access the Properties and the Buildings periodically, and agrees to allow the County and its designees to do so in a reasonable manner; and F WHEREAS, the Owner wants to grant the County a Right of Entry to the Properties and Buildings so that the County can undertake Work on the I -Net Facilities and the Owner and/or User may potentially access the I -Net's services, GRANTS OF RIGHT OF ENTRY, CONDITIONS AND COVENANTS NOW THEREFORE, for good and valuable consideration, the following grants, agreements and covenants are made. A. Right of Entry 1 Subject to the conditions of this Agreement, Owner hereby grants King County, Washington a Right of Entry above, over, across, along, in and under the Properties (hereinafter "Right of Entry"), and the County shall have the nonexclusive right, to perform I -Net Work to provide lawful services, which include, but are not limited to, data, video and audio signals The County shall do no installation except at locations and using methods approved in writing by the Owner The County shall not cause any damage to the Properties in the exercise of such right; and in the case of damage, the County shall restore the Properties to substantially their original condition as soon as feasible In addition, the County and its designees will endeavor to notify the building's designated site contact before entering onto the property 2 The Owner shall have the right to utilize that portion of the area subject to the Right of Entry granted in this Agreement for any lawful purpose which does not interfere with the County's use of the Right of Entry area for the I -Net Project. If the Owner installs any modifications or improvements above, over, across, along, in or under the area subject to the Agreement, the Owner agrees to preserve the I -Net Facilities already installed and to refrain from taking any action that would prevent, inhibit or increase the cost to the County or its designee of doing Work on the subject Right of Entry property The Owner agrees to provide the County with at least 10 work -days written notice prior to beginning any routine Work on the Right of Entry property and with as much notice as practicable for emergency Work on that property 3 The Owner warrants to the County that it has a good and indefeasible fee simple title to the Properties, subject only to taxes not yet due and payable, and covenants, restrictions, and licenses or records which do not interfere with the use contemplated herein 4 All provisions of this Agreement, including the benefits and burdens, are binding upon the parties' successors, agents and assigns. 5 The Owner may terminate this Agreement for any reason upon one -hundred and eighty (180) days written notice to the County 6 This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue of any action brought hereunder shall be in King County Superior Court. 7 The County may Work on the Properties, as described in Appendix A, and the Buildings, as specified in Appendix B, provided. (a) the County shall obtain Owner's prior written consent to the locations and methods used for the installation and removal of the I -Net Facilities, (b) the County shall use its staff or designees to accomplish the Work, and (c), the person or entity doing the Work shall comply with all of the other provisions of this Agreement and all laws applicable hereto The County shall obtain this consent in the following or in a similar manner (a) the Owner shall provide the County with suitable drawings of the Properties and Buildings; (b) the County shail then indicate the proposed locations and methods used for the installation, (c) if the Owner agrees, the Owner will initial and date the drawings 8 The County, or its designee, shall perform and be responsible for the installation, routine maintenance and removal of the fibers and equipment, and the County shall pay all costs in connection therewith The Owner shall take the steps necessary to secure the I -Net's fibers and equipment. Replacements, repairs and non -routine maintenance arising from the Owner's or User's failure to take the steps necessary to secure the I -Net's fibers and equipment or to deliberately or negligently harm or destroy the fibers, equipment, or any other part of the I -Net, shall be paid for by the Owner or User respectively, but repairs shall be performed by the County or its designee 9 Owner reserves the right to require the County, within a reasonable period of time, after receiving written notice, to repair any I -Net Facilities on the Properties or in the Buildings if the Facilities were installed in violation of this Right of Entry, or, at any time, violate any laws or represent a dangerous or potentially dangerous condition. If the Owner becomes aware of the condition first, it shall send the County written notice of the problem including the nature of the problem, the location of the problem if known, and the time proposed for correcting the problem If the County becomes aware of the condition first, the County shall send the Owner and User, if different, written notice of the problem including the nature of the problem, the location of the problem if known, and the time proposed for correcting the problem Owner also reserves the right to require the County to cut any fiber optic cables or remove equipment located in or serving the Buildings which remain in violation of this Right of Entry, or which continue to violate of any laws or represent a dangerous or potentially dangerous condition after the agreed upon time to correct the condition has passed or if both parties agree will not be met. 10 Owner agrees (a) to provide, at no cost to the County, space, HVAC, and power for the I -Net fiber lines and equipment at its Properties, and (b) to work with County staff to facilitate installation, maintenance, replacement, repair and removal of the I -Net fibers and equipment, subject to the conditions contained in this Agreement. Owner may reasonably monitor the installation, maintenance, replacement, repair and removal of the fiber and equipment. 11 Notwithstanding anything to the contrary contained in the Agreement, Owner reserves the right to require the County to disconnect any or all fiber optic cables and to remove equipment installed on the Properties or in Buildings upon termination of this Agreement, provided Owner notifies the County in wntmg prior to or within ninety (90) days following the termination of this Agreement. Any I -Net Facilities remaining on the Properties or in Buildings later than one hundred -twenty (120) days after the termination of this Agreement shall become the property of the Owner without payment by Owner B. NOTICES Notices under the Agreement shall be as follows 1 TO KING COUNTY Margaret Coppock Client — Agency Coordinator King County I -Net Project 700 Fifth Avenue, 23rd Floor Seattle, WA 98104 (206) 684-1046 An emergency number will be supplied as the I -Net goes into operation 2. TO OWNER. City of Tukwila Jane Cantu, City Clerk 6200 Southcenter Blvd Tukwila, WA 93188 3 CHANGES City of Tukwila Jane Cantu, City Clerk 6200 Southcenter Blvd Tukwila,WA 98188 Either party may change the party to be notified by given written notice of the change, in writing, to the person designated to receive routine notices IN WITNESS WHEREOF, the parties hereto have executed this Right of Entry Agreement on the date first set forth above OWNER. City of Tukwila By BY John '+l Rants Please pant name ase sign name ITS Mayor STATE OF WASHINGTON ) )ss COUNTY OF KING • On this day personally appeared before me Jchn W Rants to me known to be the i Ia vo r of the C i tv of Tu kw i 1 a that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization for the uses and purposes therein mentioned and that he was authorized to execute the said instrument. _ ��... •‘\ Q.771 GIVEN under rrrri hsnd / ai nd.9 seal this . Si day of � �`, 19 . = 4, ' moi \5510N 4jiA °0 i •'Q� NQTARY 9m C- lei ;U U) i ' PUBLIC S PU +11 '53'•`1 29-°2 i A_:_c_CI E BY KING COUNTY C I /7 LI /44. /Li S C ,>=t �L' 7-11 NOTARY PUBLIC in andfor the State of Washington residing at 4 f re'= -3C My appointment expires -3/7 C / -' i By 1—z1 -6,e G eo lli k s BY ITS Please . int name ase ign name ?duV-90-98 Mr 9 u 1 AM R 1 X19 99 L RRARY SYSTEM FAX NO 684 b690 '-L 06/05'98 3 11 PM RIGHT OF ENTRY AGREEMENT TO KING COUNTY, WASHINGTON THIS RIGHT OF ENTRY AGREEMENT (hereinafter "Agreement") is made,and entered into as of the da of - 1998 by and between C i ty of Tttkw i 1 a Y "Owner") and KING COUNTY a charter county organized and existing under the laws of the State of Washington (hereinafter "County'') RECITALS A WHEREAS the City of Tukwi 1 a_ is the owner of certain real properties (hereinafter the "Properties"), buildings (hereinafter the 13utldtngs) and any associate d conduit or aerial attachment at the location(s) legally described in Appendix A which Appendix is attached and incorporated by this reterence as if fully stated herein, The common name and address of each property and building is listed below 1 Property name Tukwi 1 a Library Building name if different Street Address 14475 59th Ave S City Tukwila Zip code 98168 2 Property name Building name if different Street Address City Zip code 2 S 46 Ar - - 3 Property name Building name, if different Street Address Cit, Zip code (Attach additional sheets as needed and so indicate fn the space below] the number of sheets attached to this site list is ' sheets This list shall constitute the ' Buildings" and may also be referred to as Appendix B This appendix is attached and incorporated by this reference as if fully stated herexn, B WHEREAS, King County, Washington (hereinafter the "County") is currently planning to construct an institutional network (hereinafter the "I Net") C WHEREAS the County would like to make 1 Net services available at the Properties [choose D 1 if the I Net user is NOT the building owner or D-2 if the I Net user is the building owner Crossout. initial and date the paragraph that is NOT applicable] D 1 WHEREAS, (hereinarter User ) IS not the owner of the Properties but the User wants to have l Net services available to it. and the Properties' Owner has concurred in writing and such written concurrence is attached and incorporated by this reterence as if fully stated herein (OR] NOV-3U-98 d 'i 9 r AM '' MG CO LIBRARY SYSTEM FAX NO ?!'A 584 8890 06/0 98 3 1 1 PM D-2 WHEREAS the Properties Owner wants to have I Net services available to it, E WHEREAS making services available will require that County staff or its designees to come on to the Properties and into the Buildings to inspect. survey, construct. reconstruct install repair maintain, replace and remove I -Net conduit, fibers, equipment. and appurtenances (hereinafter the I Net Facilities ) in over under across and upon the Properties and Buildings thereon (hereinafter Work ') Actions taken under this grant could Include but are riot limited to running fiber optic lines either above ground, in conduit. or in some combination thereof through the Properties, installing optical fiber into a building on each of the Properties running fibers from the paint of entry into the building to the fibers point of demarcation installing an equipment rack at the point of termination, and terminating fibers at that rack The Owner and User also understand that County staff and its designee will need to access the Properties and the Buildings periodically, and agrees to allow the County and its designees to do so in a reasonable manner; and F WHEREAS, the Owner wants to grant the County a Right ot Entry to the Properties and Buildings so that the County can undertake Work on the 1 Net Facilities and the Owner and/or User may potentially access the t Net's services GRANTS OF RIGHT OF ENTRY. CONDITIONS AND COVENANTS NOW THEREFORE, for good and valuable consideration, the following grants, agreements and covenants are made p A Right of Entry 1 Subject to the conditions ot this Agreement Owner hereby grants King County, Washington a Right of Entry above over across, along, in and under the Properties (hereinafter "Right of Entry"), and the County shall have the nonexclusive right, to pertorm I Net Work to provide lawful services which include but are not limited to data video and audio signals The the County shall do no installation except at locations and using methods approved in writing by Owner The County shall not cause any damage to the Properties in the exercise ot such right, and in the case of damage, the County shall restore the Properties to substantially their original condition as soon as feasible In addition, the County and its designees will endeavor to notify the building s designated site contact before entering onto the property 2 The Owner shall have the right to utilize that portion of the area subject to the Right of Entry granted in this Agreement for any lawful purpose which does not interfere with the County's use of the Right of Entry area for the i Net Project If the Owner installs any modifications or improvements above over across. along in or under the area subject to the Agreement the Owner agrees to preserve the 1 Net Facilities already installed and to retrain from taking any action that would prevent Inhibit or increase the cost to the County or its designee of doing Work on the subject Right ot Entry property The Owner agrees to provide the County with at least 10 work -days written notice prior to beginning anv routine Work on the Right of Entry property and with as much notice as practicable tor ernereencv Work on that property 3 The Owner warrants to the County that it has a good and indeteasible tee simple title to the Properties subject only to taxes not vet due and payable and covenants restrictions and incenses or records which do not interfere with the use contemplated herein 3 NOV-30-98 MON 9 03 AM KING 0 LIBRARY SYSTEM FAX Nu 2;.'i,684 6690 06/05/98 3 1 i PM P 4 All provisions or this Agreement including the benefits and burdens are binding upon the parties' successors agents and assigns 5 The Owner may terminate this Agreement for any reason upon one hundred and eighty (180) days written notice to the County 6 This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington Venue of anv action brought hereunder shall be in King County Superior Court. 7 The County may Work on the Properties, as described in Appendix A and the Buildings as specified in Appendix B, provided (a) the County shall obtain Owner's prior wrttten consent to the locations and methods used for the installation and removal of the J -Net Facilities, (b) the County shall use its staff or designees to accomplish the Work, and (c), the person or entity doing the Work shall comply with ail of the other provisions of this Agreement and all laws applicable hereto The County shall obtain thts consent in the following or in a similar manner' (a) the Owner shall provide the eohetyro with oned ilo cations and methodsProperties used for the and ing alliatnon , (c) tf tthe ) the County shall then indie p P Owner agrees. the Owner will initial and date the drawings 8 The County, or tts designee shall perform and be responsible for the installation, routine maintenance and removal of the fibers and equipment and the County shall pay all costsin connection therewith The Owner shalt take the steps necessary to secure the I Net's fibers and equipment Replacements. repairs and non -routine maintenance arising from the Owner's or Users failure to take the steps necessary to secure the I Net's fibers and equipment or to deliberately or negligently harm or destroy the fibers, equipment, or any other part of the I Net, shall be pard for by the Owner or User respectively, but repairs shall be performed by the County or its designee 9 Owner reserves the right to require the County, within a reasonable period of time. after receiving wrttten notice to repair anv I Net Facilities on the Properties or in the Buildings if the Faculties were installed in violation of this Right of Entry, or at any time violate any laws or represent a dangerous or potentially dangerous condition If the Owner becomes aware of the condition first, it shall send the County written notice of the problem including the nature of the problem, the location of the problem if -known, and the time proposed for correcting the problem If the County becomes aware of the condition first, the Countv shall send the Owner and User, if different, wrttten notice of the problem including the nature of the problem. the location of the problem if known and the time proposed for correcting the problem Owner also reserves the right to require the County to cut any fiber optic cables or remove equipment located in or serving the Buildings which remain in violation of this Right of Entry, or which continue to violate of any laws or represent a dangerous or potentially dangerous condition after the agreed upon time to correct the condition has passed or if both parties agree will not be met 10 Owner agrees (a) to provide. at no cost to the County, space FIVAC, and power for the I Net fiber lines and equipment at its Properties, and (b) to work with County staff to facilitate installation maintenance replacement, repair and removal of the I Net fibers and equipment, subject to the conditions contained in this Agreement Owner may reasonably monitor the installation maintenance replacement repair and removal of the fiber and equipment 11 Notwithstanding anything to the contrary contained to the Agreement Owner reserves the right to require the County to disconnect any or all fiber optic cables and to remove equipment installed on the Properties or in Buildings upon termination of this Agreement, N0\r' -i0-98 MON 9 0J AM K I Nu 0 ! 19RARY SYSTEM I I'\,1 FAX Nu 2L,1584 6690 wncr ntritliL� the Lounty in ��rittn; viol to pit ititin nnlety (+O1 c:•tsry lulluwin the I•r�t� iuetl �) .\nti l Net l .tctlttte5 rLmulnnt� on ll�c properties or <<� Buil+.11n�5 later thou o e this red twenty one hundred twenty ({ :O) days atter the termin,ilioit of this Agreement shall ecoine fuer coon weer the properly ot the Owncr without pa.ment by 8 NOTICES Notices under the Agreement shall be as follows TO KING COUNTY Routine Notices Client — Agency Coordinator Kine County 1 Net Project 70G ' \' enue 23`d Floor Seattle W A ‘,S104 Emergency Notices durinu themes of 8a� ` pm Monday through Friday not include holidays Fax to King County I Net Project Attn Site Inspector Fax No 206 205 5023 time on Emergency Notices before 8am or after 5 •m Monday through Friday or at an� weekends or holidays Call King County Help Desk Phone No 206-684-1875 2 TO OWNER MetiUtNo, LinQy 5� t�t���sr ��Le�cp-.tt.,N e•�r,uN� C i G H T ,k)-)•.*' sca-“Lc civic Cac Lour-zyto`{ F - Lao c,A4-4 0 v,.a L'r ACL W� 7,'• 5 e Mt�(al NC'� �x r tet•.: � f--�r 3 CHANGES May change the party to be notified by gt� en written notILe ot the chancre in Either pa rry writing to the person designated to receive routine notices NOV-30-98 MON 9 04 AM KING LIBRARY SYSTEM 06/05/98 I1 P'vt FAQ, Nu b84 6690 IN WITNESS WHEREOF the parties hereto have e\ecuted this Right or Entry Agreement on the date first set forth above OWNER Bv: BY John W. Rdr1� Please print name Phase sign name ITS t STATE OF WASHINGTON COUNTY OF KING ) )ss On this day personally appeared before me t]nhn W. P_Afits ,,,,Lo me known to be thci "layor of the Cit of Tukwila that executed the foregoing instrument, and acknowledged the sand mstrumenk to be the free and voluntary act and deed of said organization for the uses and purposes therein mentioned and that he was authorized to execute the said instrument, GIYENunder n rt s afl l,seal th ,i,-‘,..5% \\� No 1._irr i v NOTAgy m G'ri /r PUBLIC Ir�� 29 02 1‘ \ A� WAS14 m_ f daY o L. NUjRYPUBLIC in and f the St to of Washington residing at A< = My appointment expiresL9-132_- ,19 L STATE OF WASHINGTON )ss COUNTY OF KING On this day personally appeared before me to me known to be the of the that ekecuted the foregoing instr.ment. and acknowledged the said insuumettt to be the fret and voluntary act and deed of said Nn -30-98 MuN 9 04 AM KING C0 LIBRARY SYSTEM 06/05/98 3 1l PVt FAX NO 3 684 6690 P 7 organization tor the uses and purposes therein mentioned and that he was authorized to execute the said Instrument 6 GIVEN under my hand and official seal this day of 19 NOTARY PUBLIC in and for the State of Washington residing at My appointment expires N0V-30-98 MON 9 05 AM KING LO LIBRARY SYSTEM FAX NO 201 684 6690 P 8 INFOPAC PAGE 7 917 Joe PAM200 KING COUNTY DEPARTMENT OF ASSESSMENTS REPORT PAM20020 02 PARCEL NUMBERS BY STREET NAME CITY DF TUKwILA PAGE 164 DATE 10/04/98 SITUS ADDRESS PARCEL -NUMBER TAXPAYER/OTR-SEC-TWP-RGE 14443 59TH AVS 336590-1250-0 GARRIS JACK R JR+LAURA A LOT 20 BLK 11 NE -23-23-4 PLAT HILLMANS SEATTLE GARDEN TRACTS 14446 59TH AVS 336590-1295-0 BUAL HARVINDER K LOT 1-2-3 BLK 13 NE -23-23-4 PLAT HILLMANS SEATTLE GARDEN TRACTS 14451 59TH AVS 336590-1265-0 ANDERSON WYNN L LOT 21-22-23 BLK 11 NE -23-23-4 PLAT HILLMANS SEATTLE GARDEN TRACTS 14455 59TH AVS 336590-1271-0 BUTLER THOMAS A LOT 23,24 BLK 11 NE -23-23-4 PLAT HILLMANS SEATTLE GARDEN TRACTS 1445759TH AVS 336590-1270-0 WETZLER MERILYN V LOT 23-24 BLK 11 NE -23-23-4 PLAT HILLMANS SEATTLE GARDEN TRACTS 14475 59TH AVSE 336590-1275-0 CITY DF TUKWILA LOT 25 THRU 28 BLK 11 NE -23-23-4 PLAT HILLMANS SEATTLE GARDEN TRACTS 14486 59TH AVS 336590-1290-0 ZEHNER REVOCABLE TRUST LOT ALL BLK 12 NE -23-23-4 PLAT HILLMANS SEATTLE GAROEN TRACTS 14710 59TH AVS 359700-0062-0 SCHEFFLER BILLIE F JR -JA LOT 4 BLK NE -23-23-4 PLAT INTERURBAN ADD TO SEATTLE 14717 59TH AVS 868780-0155-0 MORGAN ROCCO A+JULIE 0 LOT 31 8LK NW -23-23-4 PLAT TRI -VISTA TERRACE ADD 14719 59TH AVS 868780-0150-0 EASTW00D ANABELLE LOT 30 BLK NW -23-23-4 PLAT TRI -VISTA TERRACE ADD 14720 597H AVS 359700.0061-0 WESTERGARO W H LOT 4 BLK NE -2323--4 PLAT INTERURBAN ADD TO SEATTLE 14723 59TH AVS 868780-0147-0 SMITH GREG D+KREIDLER LA LOT 29-30 BLK NW -23-23-4 PLAT TRI -'VISTA TERRACE ADO 14727 59TH AVS 868780-0146-0 IMEL JERALO L LOT 29 BhK Nw-23-23-4 PLAT TRI -VISTA TERRACE ADD 14729 S9TH AVS 868780-0140-0 MCLAREN GERALD F LOT 28-29 BLK NW -23-23-4 PLAT TRI -VISTA TERRACE ADD 14731 59TH AVS 868780-0139-0 JOHNSON JOEL A+LYLA MAXI LOT 28 BLK NW -23-23-4 PLAT TRI -VISTA TERRACE A00 14734 59TH AVS 359700-0083-0 KREIDLER MARY K LOT 5 BLK NE -23-23-4 PLAT INTERURBAN ADD TO SEATTLE 14770 59TH AVS 359700-0080-0 TJEMSLAND C0NRAD+VERNA M LOT 5 SLK NE -23-23-4 PLAT INTERURBAN ADO TO SEATTLE 14741 62ND AVS 359700-0063-0 KISTLER DAVID 0 & JUDY 8 LOT 4 BLK NE -23-23-4 PLAT INTERURBAN App TO SEATTLE 14759 62ND AVS 359700-0087-0 MORAN BERNARD & TERESA nr e ,; r 1`-23-2'1-4