HomeMy WebLinkAbout1998 - Agreement and Easement for Water Reservoir - Highline School District / Highline Water District - 98123130239812313023
R ecording Requested By and
When Recorded Mail To:
Snure Law. Office
A Professional Service Corporation
22513 Marine View Drive, Suite 201
De Moines, WA 98198- 6836
Assessor's Tax Parcel ID#: 0008 -07
Reference No. of Documents Released or Assigned: N/A ..
GRANTOR: .Highline School District No. 401, a municipal corporation
District, a municipal corporation
Legal Description (Abbreviated): Ptn NW 1/4 Sec 27, Twn 23 N, R 4 E, full legal on pages 14, 16 & 17
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RECITALS
AGREEMENT
AGREEMENT AND EASEMENT FOR WATER RESERVOIR
This Agreement is entered into between HIGHLINE SCHOOL DISTRICT NO. 401, a
municipal corporation organized and existing under the laws of the State of
Washington, hereafter referred to as "HSD," and HIGHLINE WATER DISTRICT, a
municipal corporation organized and existing under the laws of the State of
Washington, hereafter referred to as "HWD."
While not a party to the Easement Agreement,. THE CITY OF TUKWILA, a
municipal corporation organized and existing under the laws of the State of
Washington, hereafter referred to as "Tukwila" has approved the contents of
the Agreement as it affects its leasehold interests described below and signs
below to indicate such approval.
1. HSD is the owner of an approximately 10.9 acre parcel of real property
legally described in Exhibit A, attached hereto and incorporated by this
reference (hereafter referred to as the "Crestview Site "). The Crestview Site
is partially developed with a City of Tukwila Park and a vacated
elementary school.
2. Tukwila is the Lessee of a portion of the Crestview Site, legally described
in Exhibit B, attached hereto and incorporated by this reference (hereafter
referred to as the "Leased Premises ").
. 3. HWD intends to construct, operate and maintain an underground water
reservoir with an approximate capacity of 7.6 million gallons, together
with all necessary facilities, equipment arid utilities, on the Northwest
portion of the Crestview Site (hereafter referred to as the "Reservoir ").
4. The parties acknowledge that this Agreement islientered into pursuant to
Chapter 39.34 RCW, the Interlocal Cooperation Act.
In consideration of the mutual promises contained in this Agreement, HSD
hereby conveys and quitclaims to HWD the easements identified in Exhibit C,
attached hereto and incorporated by this reference. The terms "Easement" and
"Easement Area" in this instrument refer to the easements described i n
Exhibit C.
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The Easements are granted subject to and conditioned upon the following
terms, conditions and covenants which HWD hereby promises to faithfully
and fully observe and perform:
1. Consideration.
1.1. HWD shall pay the sum of $140,000.00 to Highline School District
within thirty days of mutual acceptance of this Agreement by HWD
and HSD.
1.2. HWD shall complete the following work at the sole expense of
HWD:
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1.2.1. Subject to the limitations specified in this Agreement, and in
accordance with the Contract Documents identified in
Exhibit D, demolish and remove the debris from the existing
school buildings located on the portion of the Crestview Site
as more particularly described in Exhibit C as the
"Demolition Site."
1.2.2. Design, construct, maintain and repair the Reservoir.
1.2.3. Design, construct, maintain and repair the Reservoir Lid
over the Reservoir in such manner that will permit the
future installation of recreational equipment by HSD, at
HSD's expense, on the Reservoir Lid.
1.2.4. Landscape the Reservoir Lid and the Demolition Site in
accordance with City of Tukwila landscaping plans as
approved by HSD. Ownership of the landscaping
improvements, any irrigation systems, all nonreservoir
structures, improvements, and fixtures shall remain vested
in HSD.
1.2.5. HWD shall be prohibited from providing any of the soil
removed from either the Reservoir or the Demolition Site
to the Port of Seattle.
1.2.6. HWD shall cap the existing utilities in the locations specified
on the site plan attached as Exhibit E.
2. Approval of Construction Plans.
2.1. Prior to the demolition and removal of the Crestview school
buildings and prior to the construction of. the Reservoir or any
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other substantial activity by HWD. on the Crestview Site, HWD
shall submit the plans and specifications to HSD and no work by
HWD shall be commenced without HSD's prior written approval
of the plans and' specifications, which approval shall not be
unreasonably withheld; provided, however, that in the event of an
emergency requiring immediate action by HWD for the protection
of its facilities, persons or other property, HWD may take required
action upon such notice • to HSD as is reasonable under the
circumstances.
2.2. Any changes or revision to the plans and specifications approved
by HWD shall also be subject to HSD's approval. Nothing in this
Agreement shall be deemed to impose any duty or obligation on
HSD to determine the adequacy or sufficiency of HWD's plans,
design and specifications, or to determine whether HWD's
construction is in conformance with the plans and specifications
approved by HSD.
3. Construction, Alterations, Repairs and Maintenance:
e3 3.1.. HWD shall apply for a building and other required permits within
180 days of the date of this Agreement. Construction shall be
c 0 commenced within 180 days after all required permits are issued
( "Date of Commencement "). In any event construction must be
C•1 commenced within 18 months of the mutual acceptance of this
Agreement. If construction has not commenced within eighteen
Iri (18) months of the mutual acceptance of this Agreement, either
OD
HWD or HSD shall be entitled to terminate this Agreement on
written notice to the other • •thereafter. As used herein,
"commencement of construction" shall mean that all applicable
permits have been obtained for construction of the Reservoir and
HWD shall have issued a notice to proceed to the contractor and
commenced excavation work with respect to the Reservoir.
3.2. Construction of the Reservoir shall be completed within 18
months after the Date of Commencement, subject to reasonable
extensions for inclement weather, labor disputes, strikes, acts of
God and other circumstances beyond the control of HWD. In any
event, the construction shall be complete within 3 years of the Date
of Commencement. '
3.3. HWD shall construct the Reservoir in a good and workmanlike
manner, using materials meeting industry standards in accordance
1
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with applicable requirements, statutes, regulations, orders and
regulations of any public authority having jurisdiction.
3.4. During the term of this Agreement, HWD shall maintain and
repair all structures, utilities, improvements and fixtures related to
the operation of the Reservoir constructed or installed on the
Crestview Site by HWD. In the event HWD fails to make necessary
repairs which creates a public safety hazard, HSD, after notice to
HWD may, but shall not be required to, enter the premises and
perform the necessary maintenance or repairs. HSD may charge the
cost of the repair to HWD. Such charges shall be due and payable
on the first day of the month after which HSD has billed HWD for
the cost of the work.
3.5. Subject to the restrictions imposed by the Easements, following
construction and landscaping of the Reservoir Lid in accordance
with Paragraph 1.2.4, HSD shall be the owner of, .and have sole
responsibility for the maintenance and repair of, all landscaping
improvements, irrigation systems, -and nonreservoir structures,
improvements, and fixtures above the Reservoir.
Cl .
4. Governmental Approvals. HWD shall be responsible for and sha 11
M . secure all necessary governmental approvals and permits for the
i-i demolition of the school buildings, construction and operation of the
Ct Reservoir. In the event any permits are subject to conditions affecting
rl site ownership, HSD shall have approval rights over such conditions
(p prior to the issuance of the permit.
CI
5. Utilities. HWD shall pay all charges for installation and use of gas,
electricity, water, sewer and all other utilities used in the demolition of
the school buildings, construction and operation of the Reservoir.
6. Taxes. The property is presently exempt from real property taxation. In
the event the property becomes subject to taxation during the term of
this Agreement, HSD or its successor shall pay all tax assessments.
HWD shall reimburse HSD or its successor for any portion of the taxes
directly attributable to the Reservoir.
7. Environmental Provisions. Except as provided in Paragraph 15 of this
Agreement, HWD shall comply with applicable laws, environmental
laws, orders and regulations, of federal, state, county and municipal
authorities, and with any directive issued pursuant to law by any public
officer, which shall impose any order or duty upon HWD pertaining to
the construction and operation of the Reservoir.
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8. Easement Insurance.
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7.1. HWD shall have the right, upon providing written notice to HSD,
to contest any obligations imposed upon HWD pursuant • to the
provisions of this Section, and to defer compliance during the
pendency of the. contest, provided that the failure of HWD to
comply will not subject HSD to civil fine or criminal penalty.
7.2. Notwithstanding the foregoing, in the event that HWD's failure to
promptly fulfill the contested obligations shall pose an imminent
threat to public health, safety or the environment, HWD shall
immediately perform whatever actions may be required to abate
the immediate threat. HWD may, thereafter, contest the obligations
and defer further compliance, as set forth above.
7.3. Failure of HWD to comply with the provisions of this Section shall
be an act of default under the terms of this Agreement and shall
entitle HSD to pursue all applicable remedies. In addition, HSD
shall be entitled to collect from HWD any fines, penalties, expenses
of defense (including legal fees), expenses of compliance and other
damages incurred by HSD by reason ..of HWD's default under this
Section.
8.1. HWD shall maintain property insurance (special causes of loss
form P1030) on the •Reservoir and all facilities' placed on the
Crestview Site by HWD for the benefit of HSD and HWD, as there
interests shall appear, in an amount sufficient to repair or replace
the structures.
8.2. HWD shall maintain comprehensive general liability insurance
with a policy limit of not' less than $5,000,000.00 per claim covering
the actions of HWD on the Easement Area in the construction and
operation of the Reservoir.
8.3. HSD shall be named as an additional insured on the policies of
insurance required under this section and shall be provided with
certificates of insurance evidencing coverage annually at the
request of HSD. Such certificate shall be subject to the approval of
HSD and will reflect coverage placed with insurance companies
licensed to do business in the State of Washington with a Best's
rating of not less than A -VIII. The certificates will reflect that
coverage cannot be altered or canceled without first providing
forty -five (45) days written notice to HSD.
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8.4. In the event HWD fails to secure the required insurance, HSD may
obtain the insurance and charge the premiums to HWD which
charges'shall be due and payable on the first day of the month after
which HSD has billed HWD for the premiums.
8.5. HWD shall require the contractor who performs the construction
of the Reservoir to obtain builder's risk insurance. HSD and HWD
shall be named as additional insured on the policy.
8.6. HWD shall require the contractor who performs the Reservoir
construction to carry comprehensive general liability insurance,
including coverage for the removal of hazardous waste materials,
with limits of not less than $5,000,000 per project. Coverage shall
include Explosion, Collapse and Underground (XCU). If such
coverage is written on a claims made form , then the limits shall be
not less than $5,000,000 per claim, and the contractor shall provide
continuous coverage for a period of not less than two (2) years after
completion of the construction. HSD and HWD shall be named as
additional insureds on the policy, per additional insured form B
(CG 2010), or its equivalent. The contractor shall provide a
certificate of insurance showing evidence of this insurance. Such
insurance shall be placed with insurance companies with a Best's
rating of not less than A -VIII. The certificate shall reflect that
O coverage cannot be . altered or canceled without first providing
forty -five (45) days written notice to HWD and' HSD.
Ct 9. Building Demolition and Removal Insurance. HWD shall require the
contractor who performs the building demolition and removal to carry
CO comprehensive general liability insurance, including coverage for the
0 removal of hazardous waste materials, with limits of not less than
$5,000,000 per project. Coverage shall include, Explosion, Collapse and
Underground (XCU). If such coverage is written on a claims made form,
then the limits shall be not less than $5,000,000 per claim, and the
contractor shall provide continuous coverage for a period of not less
than two (2) years after completion of the construction. HSD and HWD
shall be named as additional insureds on the policy, per additional
insured form B (CG 2010), or its equivalent.. The contractor shall
provide a certificate of insurance showing evidence of this insurance.
Such insurance shall be placed with insurance companies with a Best's
rating of not less than A -VIII: The certificate shall reflect that coverage
cannot be altered or canceled without first providing forty -five (45) days
written notice to HWD and HSD.
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10. Indemnification. HWD covenants and agrees with HSD that it will
indemnify, defend and hold HSD harmless from and against any and
all liability, damages, penalties or judgments (including without
limitations, attorneys fees) for injury to persons or property sustained
by anyone in and about the Easement Area resulting from any acts or
acts of omission or commission of HWD, or HWD's officers, agents,
employees, contractors or assignees. HWD shall, at its cost and expense,
defend against any and all such claims, suits or actions (whether just or
unjust) which may be brought against HSD because of any such above-
mentioned actions. HSD shall not be responsible or liable for any
damage to any property, fixtures, 'buildings or other improvements
constructed or installed by HWD, or for any injury to any person or
persons, at any time on the Easement Area, including any injury to
HWD or to any of HWD's officers, agents, employees, contractors,
customers or assignees, except as may result from acts or acts of
omission or commission of HSD or HSD's officers, agents, employees,
assignees or contractors.
11. Destruction by Casualty. In the event the Reservoir shall be damaged to
the extent that it is no longer useable as an operational reservoir, HWD
shall not be required to rebuild. HWD may elect, within 180 days after
the date of destruction, to terminate this Agreement. In that event,
HWD shall apply so much of the available insurance proceeds as may
be required to satisfy the construction loans, any liens which were
expressly approved, in writing, by HSD and to promptly restore the
ri Easement Area to a safe and usable condition in accordance with
paragraphs 13 and 14. The remainder of the proceeds, if any, shall
�.{ remain the property of HWD.
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12. Default.
12.1. The following shall be events of default under the terms of this
Easement Agreement:
12.1.1. failure to perform the obligations specified in Section 1;
12.1.2. failure to comply with any law, regulation, policy or order of
any lawful governmental authority;
12.1.3. failure to comply with any other provisions of this
Agreement;
12.2. In the event of default, the non - defaulting party shall give written
notice of default to the defaulting party, specifying the nature of the
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13. Obligations on Termination. In the event this Agreement is terminated
pursuant to paragraphs 11, 12, or 15 the following obligations shall exist.
13.1. Except in the situation where the termination is due to a default by
HSD, as defined in paragraph 12, the termination of this
Agreement shall not release HWD from any liability or obligation
arising under this Agreement prior to such termination.
13.2. On termination of this Agreement for any reason, HWD shall not
be required to remove the Lid, or remove the Reservoir but shall
be required to leave the Easement Area in a safe and usable
condition in accordance with then existing engineering and safety
standards. Under current engineering and safety standards it would
CZ not be unreasonable for HWD to be required to fill the reservoir
with a material such as sand. HSD shall provide prior written
approval of the plans and specifications for leaving the Easement
Area in a safe and usable condition, which approval shall not be
unreasonably withheld.
14. Property Ownership. On the termination of this Agreement all
structures, improvements and fixtures of any nature constructed or
installed by HWD on the Crestview Site shall, subject to HWD's
compliance with paragraph 13, become the property and responsibility
• of HSD and shall not be removed by HWD. Notwithstanding the
foregoing, removable trade fixtures may be removed by HWD from the
Crestview Site at the termination of this Agreement. HWD shall repair
any damage caused by the removal. If HWD fails to remove such trade
fixtures, HSD may, at HSD's option, deem the trade fixtures part of the
premises, or may remove and dispose of such fixtures at HWD's
expense.
default. The defaulting party shall have 30 days from the date of
notice to cure a monetary default. The defaulting party shall have
90 days from the date of notice to cure or initiate the necessary
proceedings to cure a non - monetary default. If the defaulting party
fails to cure the default or initiate the necessary proceedings to cure
a non - monetary default within the specified time and diligently
prosecute such cure to completion, the non - defaulting party may
terminate this Agreement.
15. Hazardous Substances
' 15.1. Reservoir Site. In the event HWD discovers any condition during
or after the excavation and construction of the Reservoir that
HWDKLO /14/98
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would indicate the possible existence of Hazardous Substances o n
the Reservoir Site, HWD shall be responsible for whatever actions
are necessary, at its sole cost and expense, to, remediate, remove or
otherwise clean the Reservoir Site as required by local, state and
federal law.
HSD assumes no obligation for the remediation, removal or clean
up of any Hazardous Substances existing on the Reservoir Site,
unless HSD agrees to do so in writing subsequent to the execution
of this Agreement. HWD shall indemnify, defend and hold HSD
harmless from and against any and all liability, damages, and
penalties incurred by HSD as a result of the presence, remediation,
removal or other clean up of Hazardous Substances on the
Reservoir Site.
15.2. Demolition Site. With the exception of the known and identified
Hazardous Substances identified, or reasonably suspected, in the
environmental reports listed in Exhibit D ( "Environmental
Reports "), in the event that HWD discovers • any condition prior to
or during the demolition and removal of the existing buildings as
described in Exhibit D, that would •indicate the possible existence of
Hazardous Substances on the . Demolition Site, HWD shall
6 immediately notify HSD. Upon notification, HSD shall be
a responsible for whatever actions are necessary, at its sole cost and
expense, to remediate, remove or otherwise clean such newly
v"4 identified Hazardous Substances on the Demolition Site as
et required by local, state and federal law, unless such matter is caused
.4 by the negligence or willful misconduct of HWD.
CT) HWD assumes no obligation for the remediation, removal or clean
up of any Hazardous Substances existing 7 n the Demolition Site as
described in Exhibit D, unless specified, or reasonably suspected, in
the Environmental Reports listed in Exhibit D or unless HWD
agrees to do so in writing subsequent to .the execution of this
Agreement. HSD shall indemnify, defend and hold HWD harmless
from and against any and all liability, damages, and penalties
incurred by HWD as a result of the existence of Hazardous
Substances on the Demolition Site in excess of the known, or
reasonably suspected, Hazardous Substances as described in the
Environmental Reports listed in Exhibit D.
The parties acknowledge that the Environmental Reports specify
certain Hazardous Substances which are either known to exist on
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HWDK10 /14/98
the Demolition Site or are reasonably suspected to exist thereon
(for example, some asbestos containing materials ( "ACM ") are
known to exist, and some are reasonably suspected to exist, within
the buildings located on the Demolition Site, but the exact amount
of such ACM's has not been identified or fully quantified). The
parties acknowledge that HWD shall be responsible for the
remediation, removal and cleanup of such Hazardous Substances,
known or reasonably suspected, even though the exact amount
thereof may not be known as of the date of this Agreement, and
HWD acknowledges that the reasonably . suspected presence of
Hazardous Substances has been taken into account in preparing the
demolition plan identified in Exhibit D. The responsibility of HSD
with respect to Hazardous Substances existing on the Demolition
Site shall only extend to those Hazardous Substances that are (a)
not identified in the Environmental Reports as either known to
exist.or reasonably suspected to exist, and (b) first discovered during
the demolition and excavation on the Demolition Site.
15.3. The term "Hazardous Substances" 'shall mean any substance or
material now or hereafter defined or regulated as a hazardous
C'9 substance, hazardous waste, toxic substance, pollutant, or
est contaminate under any federal, state or local law, regulation or
C ' ordinance governing any substance that could cause actual or
IA , suspected harm to human health or the environment.
VI
0 16. Inspection. HSD shall have the right to enter the Easement Area at any
C • reasonable hour to inspect for compliance' with , the terms, of this
• Agreement. HSD shall provide HWD with notice of the inspection at
least one day prior to making the inspection. Inspections shall not
interfere with construction, operation and maintenance of the
Reservoir.
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17. Assignment. HWD may only assign or sell its interests under this
Easement Agreement with the express written consent of HSD which
consent shall not be unreasonably withheld.
18. Merger, Consolidation, Take Over. In the event of the merger,
consolidation or take over of either HWD or HSD with or by another
municipal corporation, this Easement Agreement shall remain in full
force and effect and shall bind the successor municipal corporation.
19. Notices. Any notice required to be given to HSD shall be in writing and
shall be personally delivered or sent certified mail, ' return receipt
requested, to Assistant Superintendent of Support Services at the
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HWDKIO /14/98
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following address: 15675 Ambaum Blvd. S.W., Burien WA 98166. Any
notice required to be given to HWD shall be in writing and shall be
personally delivered or sent certified mail, return receipt requested, to
General Manager at the following address: P.O: Box 3867, Kent, W A
98032.
20. Jurisdiction. This Agreement shall be governed by the laws of the State
of Washington.
21. Dispute Resolution. All claims, disputes and other matters in question
between the parties, direct or indirect, arising out of o'r relating to
demolition or construction activities under this Agreement, or the
breach thereof, ( "Claims, ") shall be decided by arbitration in King
County, Washington, in accordance with the Construction Industry
,Arbitration Rules of the American Arbitration Association currently in
effect unless the parties mutually agree otherwise. The arbitrator(s)
shall not be empowered to grant exemplary or punitive damages.
Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration
Association and shall be made within a reasonable time after the
ts1 dispute has arisen. The parties shall apply to the arbitrators for relevant
discovery consistent with the Federal Rules of Civil Procedure, which
the arbitrators shall be authorized to order. Either party may request
ir that the arbitrator's award include findings of fact and conclusions of
law. The award rendered by the arbitrator or arbitrators shall be final
and judgment may be entered upon it in accordance with applicable law
CO in any court having jurisdiction thereof. Within 15 days of receipt of
the written findings of fact and conclusions . of law, either party will
have the right to file with the arbitrators•and serve on the other party a
written motion to reconsider. The arbitrators may request the
nonmoving or responding party to file a written response within 10
days after receipt of that request, and the atbitrators thereupon will
reconsider the issues raised by the motion and response (if any) and
either confirm or alter their decision, which will then be final, binding
and conclusive upon the parties. The. cost • of such motion for
reconsideration and written opinion of the arbitrators, including
reasonable attorneys fees, will be awarded against the moving party if it
does not prevail. Upon demand of either party, the arbitration shall
include, by consolidation, joinder or third -party claim, any person or
entity substantially involved in a common question of fact or law,
where the presence of such person or entity is required if complete
relief is to be accorded in the arbitration, or who is alleged to be liable to
a party for all or part of a claim in the arbitration. The agreement herein
among the parties to this Agreement and any other written agreement
Cn
By:
BY: �v �•
CITY OF TUKWILA
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HWDKI[I/1I /98 -12-
to arbitrate referred to herein shall be specifically enforceable under
applicable law in any court having jurisdiction thereof.
22. Attorney's Fees. In the event of dispute resolution regarding the terms
of this Agreement, the prevailing party shall be entitled to
reimbursement for all costs, expenses and reasonable attorney's fees
incurred in connection with the realization or enforcement of any
term, condition, provision or remedy contained in this Easement
Agreement or related documents, with or without litigation, including
without limitation the costs, expenses and fees incurred on appeal, in
any arbitration but not in any mediation.
23. Waiver. Any failure by either party to enforce any right arising
hereunder shall not be deemed a waiver of such right.
24. Modification. This Easement Agreement represents the entire
agreement between the parties. No change, termination or attempted
waiver of any of the provisions of this Agreement shall be binding on
either of the parties unless executed writing by authorized
representatives of each of the parties. The Agreement shall not be
modified, supplemented or otherwise affected by the course of dealing
between the parties.
25. Benefits. This Easement Agreement is entered into for the benefit of the
parties to this Agreement only and shall confer no benefits, direct or
CO implied, on any third persons.
26. Binding Effect. This Easement Agreement shall be binding on and inure
to the benefit of the parties their legal ,representatives, successors and
permitted assigns.
27. Severability. If any provision of this Easement Agreement or its
application is held invalid, the remainder °of the Agreement or the
application of the remainder of the Agreement shall not be affected.
Dated: "D e(E t' gel"- lo /
HIGHLINE WATER DISTRICT HIGHLINE SCHOOL DISTRICT NO. 401
t p
STATE OF WAS HINGTON, )
) ss.
County of King. )
STATE OF WASHINGTON, )
County of King.
SUBSCRIBED AND SWORN TO before me on
STATE OF WASHINGTON,
County of King.
HWDKIO /14/98
ss.
)
) ss.
)
ACKNOWLEDGMENTS - ALL SIGNATURES MUST BE ACKNOWLEDGED
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ACKNOWLEDGMENT
OF
REPRESENTATIVE
I certify that I know or have satisfactory evidence that . e signed this
instrument, on oath stated that she /he was authorized to execute the strument an acknowledged
it as the CA" r.a r of HIGHLINE WATER DISTRICT to be the free and
voluntary act of su Q party for the uses and purposes mentioned in the instrument.
SUBSCRIBED AND SWORN T O before me on Qc o o r a 0 ,19. .
P iufi -
t H
Notary Public in and for the State of
Washington, Residing in
My appointment expires (— ,Xon I
ACKNOWLEDGMENT
OF
REPRESENTATIVE
I certify that I know or have satisfactory evidence that ed this
O instrument, on oath stated that she /he was authorized to execu the instrument and acknowledged
co) it as the :....d-e.A L —t HIGHLINE SCHOOL DISTRICT NO. 401 to be the free
lei and voluntary act off such party for the uses and purposes mentioned in the instrument.
/ "0 ,193 .
6...W - it • Zie
Notary Public in.and for the S ate of
Washington, Residing in -c.�
My appointment expires
ACKNOWLEDGMENT
OF
REPRESENTATIVE
I certify that I know or have satisfactory evidence that t�'► k1L��T signed this
instrumen on oath stated that she /he was authorized to execute the instrument and acknowledged
it as the of CITY OF TUKWILA to be the free and voluntary act of
such party for uses and purposes mentioned in the instrument.
SUBSCRIBED AND SWORN TO before me on i f/ j ,19
Notary Public in and for the Stale c
Washington, Residing in i a __ •
)
My appointment expires ' • ' .
to the Agreement and Easement for Water Reservoir dated 14 0 , 1918,
between HIGHLINE SCHOOL DISTRICT NO. 401, a municipal corporation
organized and existing under the laws of the State of Washington, and
HIGHLINE WATER DISTRICT, a municipal corporation organized and existing
under the laws of the State of Washington.
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HWDK10 /14/98
Exhibit A
Description of Crestview Site
750'
690'
Measurements ore approximate
Drawing not to scale
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CO
CO
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So. 16 St.
AREA: 475,330 Sq '
10.9 Acres
LEGAL DESCRIPTION: Kroll 343 E.
That portion of the northeast quarter of section 27, township 23 north, range 4 east, W.M.,
described as follows: Beginning on the north line of said section 27, distant north 89° 59' 10"
west 1706.10 feet from the northeast corner thereof; thence south 0° 15' 50" east 305.40 feet
to the true point of beginning; thence continuing south 0° 15' 50" east 886,20 feet to the
northerly margin of South 164th Street; thence north 89 ° 59' 10" west, along said northerly
rood margin, 60 feet; thence north 0 15' 50" west 290.40 feet; thence north 89 59' 10"
west 690.00 feet; thence north 0 15' 50" west 260.40 feet; thence north 89° 59' 10" west
150.00 feet to the easterly margin of 42nd Avenue South; thence north Q° 15' 50" west, along
said easterly rood margin, 60 feet; thence south 89 59' 10" east 150.00 feet; thence north
0 15' 50" west 275.40 feet; thence south 89 59' 10" east 750.00 feet to the true point•of
beginning.
HWDK10/14/98
Exhibit B
Description of Leased Premises
to the ` Agreement and Easement for Water Reservoir dated 0-110 19
between HIGHLINE SCHOOL DISTRICT NO 401, a municipal corporation
organized and existing under the laws of the State of Washington, and
HIGHLINE WATER DISTRICT, a municipal corporation organized and existing
under the laws of the State of Washington.
That portion of the Northwest Quarter of. the Northeast Quarter of Section 27, Township 23
North, Range 4 East, W.M., in King County, Washington, described as follows:
Beginning at a point on the North line of said subdivision distant North 89° 59' 10" West
1706.10 feet from the Northeast corner of said Section 27; thence South 0° 15' 50" East 305.4 feet .
to the true point of beginning of this description; thence North 89° 59' 10" West 600.00 feet;
thence South 0° 15' 50" East 0.40 feet; thence North 89° 59' 10" West 150 feet; thence South 0° 15'
50" East 275.00 feet; thence North 89° 59' 10" West 150 feet; thence South 0° 15' 50" East 30.00
feet; thence South 89° 59' 10" East 260.00 feet; thence North 0° 15' 50" West 85.40 feet; thence
South 89° 59' 10" East 410.00 feet; thence South 0° 15' 50" East 375.80 feet; thence South 89° 59'
10" East 170.00 feet; thence South 0° 15' 50" East 290.40 feet; thence South 89° 59' 10" East 60.00
feet; thence North 0° 15' 50" East 886.20 feet to the true point of beginning.
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CNI (Being known as the South 30 feet of Lot 1, the South 305.4 feet of Lot 2 except the South 85.4
feet of the East 40 feet of said Lot 2, the North 220 feet of the South 305.4 feet of Lots 3 and 4,
Cia the South 305.4 feet of Lots 5 and 6 except the South 85.4 feet of the West 70 feet of said Lot 5,
the North 290.4 feet of the East 80 feet of Lot 34, and lot 33 except the South 290.4 feet of the
West 90 feet of said lot 33, all in Block 5, McMicken Heights Division No. 2 according to the
unrecorded plat thereof.
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1 P.! „ G df i.A? ; ; . <111 F,L.'.:'x;.�.,.. f:'iss4:';F':.r ):c`;ltq!Sii'. "t:4�.': tzi V!' x9�.; t. fP;' fF.;'; Y; k' ti. K" 4s45A+.e:`•F.�ts;,Y:Y.P7f,";w1: ].RiHl!:v,.s.r�.'A ;!t '.Cs -�;
RESERVOIR SITE:
DEMOLITION SITE:
11WDK10 /19/98
Exhibit C
Description of Reservoir Easement
The Easement Description contained herein may be modified by mutual
agreement of the parties to conform with the final plans and technical
specifications for the reservoir as approved by Highline School District.
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A non - exclusive easement for the purpose of constructing, operating,
maintaining, repairing, and using an underground reservoir, underground
utilities leading to and from the reservoir and all necessary surface structures,
vents, access hatches and utility buildings, together with the nonexclusive
right of ingress to and egress from the reservoir for the foregoing purposes,
across, along, in, upon, under and above the following described real property
situated in King County to wit:
That portion of the Northeast 'quarter of Section 27, Township 23
North, Range 4 East,. W.M., King County "Washington described as
follows: Beginning on the North line of said Section 27, distant N 89°
59' 10" W 1706.10 feet from the Northeast corner thereof; thence S 0° 15'
50" E 305.40 feet; thence N 89° 59' 10" W a distance of 420 feet to the true
point of beginning; thence continuing N 89° 59' 10" W a distance of 330
feet; thence S 0° 15' 50" E distance' of 275.40 feet; thence N 89° 59' 10" W
a distance of 150 feet to the easterly right -of -way of 42nd Avenue South;
• thence S 0° 15' 50" E along the easterly right -of -way of 42nd Avenue
South a distance of 60 feet; thence S 89° 59' 10" 'E a distance of 280.47
feet; thence N 47° 10' 59" E a distance of 81.49 feet;'thence S 89° 59' 10" E
a distance of 139.50 feet; thence N 0° 15' 50" W a distance of 280 feet to
the true point of beginning.
This easement shall prohibit the construction of arty improvements on the
lid of the reservoir ( "Reservoir Lid ") which, in HWD's reasonable discretion,
are determined to interfere with or pose a threat to the structural integrity of
the Lid and Reservoir and the operation of the Reservoir. HSD shall limit
uses on the lid of the Reservoir to assure that the "Live Load" shall not
exceed 100 lbs /sq. ft. or HS -15 highway loading whichever is greater. "Live
Load" is defined as loading on the Reservoir Lid above and beyond the weight
of the earth cover. The earth cover shall be a minimum of two feet in depth.
Together with a temporary non - exclusive easement for surface parking,
pedestrian access, demolition of existing buildings and construction activities
HWD)00/14/98
related to the construction of an underground water reservoir across, along,
upon, under and above the following described real property situated in King
County to wit:
• Commencing at the northeast corner of the parcel described in "Exhibit
A"; thence N 89° 59' 10" W along the north line of said parcel a distance
of 750 feet to the northwest corner of said parcel; thence S 0° 15' 50" E
along the west line of said parcel a distance of 275.40 feet; thence 'N 89°
59' 10" W a distance of 150 feet to the easterly right-of-way of 42nd
Avenue South; thence S 0° 15' 50" E along the easterly right-of-way of
42nd Avenue South a distance of 60 feet; thence S 89° 59' 10" E a
distance of 150 feet to the true point of beginning; thence S 0° 15' 50" E a
distance of 260.40 feet to the southwest corner of said parcel; thence S
89° 59' 10" E a distance of 580 feet; thence N 0° 15' 50" W a distance of
• 100 feet; thence N 49° 18' 14" W a distance of 331.05 feet; thence N 89°
• 59' 10" W a distance of 139.50 feet; thence S 47° 10' 59" W a distance of
81.49 feet; thence N 89° 59' 10" W a distance of 130.47 feet to the true
point of beginning.
The temporary easement shall terminate and expire without further action of
the parties on June 1, 2001.
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Exhibit D
Building Demolition and Removal Specifications
the parties to conform with the final plans and technical specifications for the
• building demolition and removal as approved by Highline School District.
DEMOLITION CONTRACT DOCUMENT'S:
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Contract Documents:. Water Storage Improvements Project 7.6 million gallon
reservoir project No 96-3 Phase I Crestview School Demolition
for Highline Water District Contract No. 9£ dated 1 — , 1998,
prepared by Parametrix ; Inc. incorporated by this reference.
ENVIRONMENTAL REPORTS:
Phase One Environmental Site Assessment, Crestview Elementary
School (E-0758), by GEO Group Northwest, Inc., dated June 5, 1997.
irt
tst 2 Asbestos Report from Pacific Rim Environmental, Inc. to Parametric,
C,
145 Inc., dated April 17, 1998.
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HWDK10/14/98
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