HomeMy WebLinkAbout1993 - Permit Agreement - City of Seattle / Park East Associates - 9303021687
CITY OF SEATTLE - MATER DEPARTMENT
PERMIT AGREEMENT R67 -006
EP35.16.1
THIS AGREEMENT is entered into by and between the CITY OF SEATTLE, a municipal
corporation of the State of Washington, hereinafter called the "City ", and
Park East Associates
31919 First Avenue South, Suite 100
Federal Way, WA 98003
Attn: Jeff Stack
hereinafter called "Permittee ", for and in consideration of the mutual benefits and
terms and conditions herein below set forth in greater detail, to provide for the
use by the Permittee of certain real property owned by the City.
WHEREAS, the City owns in fee the CEDAR RIVER PIPELINE #4 right of way, 30
feet wide, containing a large - diameter wa er pipe ne an oca ed in part adjacent
to Permittee's property, and
WHEREAS, Permittee is the owner or contract purchaser or lessee of the following
described property:
Tracts 4 and 5, Andover Industrial Park No. 2, Volume 71 of Plats, Page 68,
Records of King County, Washington;
located adjacent to City's pipeline right of way;
NOW, THEREFORE, it is mutually agreed by the City and Permittee as follows:
1. Permittee is hereby granted a revocable permit to use and occupy, for
vehicle parking and access purposes, the following described real property:
(V
C ; That portion of the City of Seattle's 30 ft. wide Cedar River Pipeline #4
right of way in the NWl4 of Section 25 and the NEST of Section 26, Township
23 North, Range 4 East, W.M., lying between the east margin of 67th Avenue
South and a line 40 ft. west of the west margin of Christensen Road.
2. The effective date of this agreement shall be September 1 , 1992.
3. The rent for the use of the above described area for the period beginning
September 1 , 1992 and ending August 31 , 1993 shall be at the annual rate of
$250.00 to whlcWshall be added the State Lease1 Td Excise Tax (currently 12.84 %)
in £1lamount of $ 32.10 , making a total payment of $ 282.10 , payable on or
before September 1, 1992 . For each of the four successive years beginning
September 1 , 1993 , tfe annual rent shall be payable in advance on or before
S , September 1 , of each year as follows:
September 1, 1993 : $ 262.00 plus Leasehold Excise Tax
▪ 19: 276.00 " II
• 19 : 289.00 " " ■
°� ▪ 19�s: 304.00 " II II
Prior to September 1 , 1997 , this agreement shall be subject to review and revision.
If there are no revis ions other than rent adjustment, a revised Paragraph 3 stating the
new rental rate schedule will be provided to the Permittee, with all other terms and
conditions of this permit remaining to effect. This schedule of rent adjustment and of
review and revision shall not be construed in any way as a definition of the term or
longevity of this permit, and shall not limit the City's right to terminate this permit
as provided in Paragraph 12 herein.
Page 1 of 3
R/w 3 4111-_8 0
5.' ,
EP35.16.2
4. It 1s understood and agreed that Permittee will operate and maintain the
permit area to a clean, safe and orderly condition at all times. As a condition of
the issuance of this permit, Permlttee shall, at Perrnittee's own cost and expense,
provide and maintain a dust -free surface upon the permit area and provide for the
disposal of the surface storm drainage water from the permit area. Permittee may
improve the surface of the permit area with an asphalt surfacing at Permittee's own
cost and expense.
5. Permlttee agrees that no change in the existing grade of the permit area
shall be made, and that no buildings, structures, pipes, cables, conduits, light
standards, fences, walls, planters, signs or other facilities shall be erected,
installed or permitted to remain within the permit area except with prior approval in
writing from the Superintendent of Water.
6. The City shall at all times have free access to the permit area for the
operation, maintenance and repair of its water pipeline or for any other purpose, and
Permlttee agrees that the City shall not be responsible for the restoration or repair
of any of Permlttee's improvements destroyed or damaged during such operation,
repair, maintenance or other purposes, and Permittee shall not be entitled to payment
for damages for any loss of use of the permit area during such operation, maintenance
and repair, other than a pro -rata credit for prepaid rent.
7. Permittee agrees, upon receiving a bill therefor from the Clty, to promptly
pay for any loss or damage to the City's pipeline, the pipeline right of way, or
other City facilities caused by or resulting from the use by Permlttee or anyone else
of the permit area, and further agrees at all times to protect and save harmless the
City from all claims, actions, suits, or damages of every kind and description which
may accrue to or be suffered by any person or persons by reason of the use or
occupancy of said permit area, and in case any action or suit shall be instituted or
begun against the City for damages arising out of or by reason of such occupancy,
Permittee shall, upon notice of commencement of such action or suit, defend the same
at its sole cost and expense. and In case judgment shall be rendered against the City
N. in any such actions or suits, shall fully pay and satisfy such judgment within ninety
c • days after such action or suit shall have been finally determined.
N 8. Permlttee agrees at all times to maintain for the protection of the City a
liability insurance policy, such policy and the insurer to be subject to approval by
• the City. naming the City as an additional insured, with minimum limits of $1,000,000
for injury to one person and $1,000,000 in the aggregate for injury to any number of
ON persons in any one accident, and $1,000.000 property damage. insuring against loss or
damage arising out of or resulting from the use and occupancy of the permit area by
Permlttee, or from any defect or condition upon such permit area or in maintenance of
the permit area, and to furnish the City's Superintendent of Water with certificates
evidencing that such policies are in effect, and that the coverage afforded the City
of Seattle under such policy shall not be reduced, terminated or cancelled until (10)
days after receipt of notice thereof by the Superintendent of Water. Should such
Insurance policy not be maintained In effect or be cancelled, the Superintendent of
Water may revoke this permit immediately.
9. Permittee has inspected and examined the physical condition of the permit
area including improvements thereon, and accepts the permit area in its present
condition, and any expense incurred in mutually agreed upon alterations, improvements
or repairs, in said penult area shall be borne by the Permittee. Permittee covenants
that no representations, statements or.warranties, express or implied, have been made
by or on behalf of City with respect to the condition of the permit area or the use
or occupancy that may be made thereof, and that City shall In no event be or became
liable to Permlttee for latent or patent defects in the permit area.
10. Permittee shall be liable for, and pay throughout the term of this permit,
the State Leasehold Excise Tax, all taxes on the property of the Permittee Installed,
operated and maintained on the City's property, any taxes on any property interest
deemed by the King County Assessor, or other official of the State of Washington,
King County or other taxing entity responsible therefor, created by this permit and
shall otherwise fulfill all fiscal obligations required by law.
11. This permit is not transferable without written permission from City's
Superintendent of Water.
Page 2 of 3
EP35.16.3
12. This permit is revokable upon thirty days notice by either the City's
Superintendent of Water or Permlttee. Upon revocation by either party, any prepaid
rental fees for periods extending beyond the termination of this agreement will be
refunded to Permlttee by City.
13. At the expiration or termination of this agreement. Pennittee agrees•to quit
and surrender the permit area in as good state or condition as now exists, ordinary
wear excepted, to remove from said area all property of Permittee, and to restore
that portion of said area affected by Permlttee's facilities to a condition at least
equal to that existing prior to the construction of said Pennittee's facilities, all
subject to the approval of the City's Superintendent of Water.
ACCEPTED BY
PARK EAST ASSOCIATE
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APPROVED
SEATTLE WATER DEPARTMENT
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