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HomeMy WebLinkAbout2001 - Encroachment into City Right-of-Way Agreement - International Gateway West / Sabey Corporation - 20010803000205Return Address: Other: Sabev Corporation Company Name (if business) Address 102304- 9069 -06 2 06/93/2001 09:16 KING COUNTY, UA CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET i� CITY OF TUKWILA City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 206 -433 -1800 Document Title(s): Agreement between International Gateway East LLC CO and International Gateway West LLC and the City of Tukwila Relating to Property Owner's Encroachment into City Right of Way 0 Parties: ia City of Tukwila. Washington Garces Marcelo G. Last Name First Name Initials 12201 Tukwila International Blvd.. Fourth Floor Seattle WA 9 -5121 City LEGAL DESCRIPtIOJI: lot 4 641 TUKWILA SLR No. I C.Rewrain L00:0BQ8900001 o. se s Las As s P dC Cif (4 el/ BLA ?4o n9Num 3 K Pw rdr 9# 981 0659013. 092304 9367 -08 092304 9309 -09 Public Works: 2/25197 AGREEMENT BETWEEN Iii TTERNATIONAL GATEWAY EAST LLC AND 1\i TTERLNATIONAL GATEWAY WEST LLC AND THE CITY OF TUKWILA RELATI�i IG TO PROPERTY OWNER'S ENCROACHMENT INTO CITY RIGHT OF WAY WHEREAS International Gateway East LLC and International Gateway West LLC, hereafter collectively referred to as "InterGate" will construct two data and communications conduit systems that will connect via underground crossings, facilities located at 3355 S. 120 Place, Tukwila, Washington (Parcel Number: 102304- 9069 -06) legally described on Exhibit B, 12301 Tukwila International Boulevard, Tukwila, Washington (Parcel Number: 092304- 9367 -08) legally described on Exhibit C; and 12101 Tukwila International Boulevard, Tukwila, Washington (Parcel Number: 092304- 9309-09 legally described on Exhibit C. WHEREAS to connect the two facilities at above addressees, InterGate will construct said conduit within the City of Tukwila, hereafter referred to as "CITY per Exhibit `A', which permits CITY access to utilities located underground; 0I WHEREAS InterGate recognizes that the CITY possesses police powers granted to it by the Washington State Constitution, Art, XI to regulate its rights of way and to generally provide for the public health, safety, and welfare, and that the CITY likewise c has the legal authority to abate any obstructions or encroachments of it rights of ways or co utility easements under ROW 7.48; WHEREAS InterGate recognizes that should the CITY at any time require access to the right of way at the locations described above, the CITY has the authority to remove any obstructions or encroachments on the right -of -way and shall charge the cost of such f3 removal to the responsible property owner; and, WHEREAS InterGate recognizes that the CITY also has the authority to file a lawsuit requiring removal of any obstructions or encroachments in the right -of -way; WHEREAS InterGate has obtained written approval from the adjacent property owners and Washington State Department of Transportation to install conduit on their property; 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 InterGate, the right and permission to use CITY right- of- way for the installation, repair maintenance and use of a data and communications conduit within that certain portion of the right -of -way as reflected on Exhibit "A This permission shall run with the land for the benefit of InterGate and its successors and assigns InterGate's ability to use Cl l'Y 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 right -of -way. In exchange for and in consideration of the CITY's agreement to forbear any filing of a lawsuit requiring removal of the obstruction or encroachment created by InterGate on the right -of -way located at the addresses, above, InterGate agrees to the terms and conditions and to defend, indemnify, and hold the CITY harmless as follows: InterGate shall maintain accurate engineering plans and details of all of its installations within the right of way and shall provide as -built plans prior to closeout of Permit Number: MIDI 040. CITY shall determine the acceptability of any as -built submittals. InterGate shall provide two (2) each, one and one half (1 inch conduits to the CITY without charge to the CITY. CITY shall take said conduits in their "as -is" irs condition upon delivery and shall assume all responsibility for their use, operation, maintenance, repair and relocation from that date forward. CITY will also defend, CV indemnify, and hold harmless InterGate from any and all claims for damages brought by any party regarding the CITY conduits, their use, operation, maintenance, repair or relocation. This indemnification shall include damages, costs, and reasonable attorneys' fees. co The Public Works Director for the City of Tukwila reserves the right to require 0 InterGate to obtain a performance bond for work in the right -of -way. Such bond shall be issued by a company Licensed by proper authority of the State of Washington and shall be filed with the City Clerk's Office until release is authorized by the Public Works 0 Director. F4 InterGate agrees to defend, indemnify and hold harmless the CITY from any and all claims for damages brought by any party regarding its data conduit, and 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 utilities within the CITY's right -of -way. This indemnification shall include damages, costs, and reasonable attorney's fees, and shall not apply with respect to any willful or negligent tortious act or omission of CITY. Whenever the CITY determines that it is necessary for any of InterGate's conduit facilities to be moved or relocated to accommodate the construction, alteration, repair, or improvement of the right -of -way for purposes of public welfare, health, or safety, CITY shall notify InterGate in writing of such determination, and InterGate shall promptly submit plans for such relocation. Within 90 days of the approval by the CITY of the plans for relocation, InterGate shall relocate those facilities designated by the CITY. All costs of moving or relocating such facilities shall be the sole responsibility of InterGate. InterGate 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 InterGate's system, components, or interruptions in service for which InterGate has failed to properly locate its facilities within the prescribed time Limits and guidelines established by One -Call. The CITY shall also not be liable for any damages to InterGate system components or for interruptions in service resulting from work performed under any other permit issued by the CITY. If during the construction process InterGate or its contractor /subcontractor damages a pipeline or electrical line, InterGate shall immediately call 911 if the damage results in a release of natural gas or other hazardous substance or potentially endangers life, health, or property. If any of InterGate's action or lack of action to correct a situation that threatens life or property, the CITY may order InterGate to immediately correct said emergency situation, or at the CITY's discretion, undertake measures to correct situation itself. InterGate shall be liable for all costs, expenses, and damages attributed 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. This Agreement shall be recorded by the City Clerk with King County and the cost of said recording shall be paid by InterGate. Nothing in this Agreement shall relieve InterGate from any obligation to obtain approvals or necessary permits from applicable federal, state and CITY authorities. Frid Dated this 2 day of _n�c_�1_ 2001. CITY OF TUKWILA r, 8r rBLIC WORKS IRECTOR STATE OF WASHINGTON COUNTY OF KING INTERNATIONAL GATEWAY EAST LLC and INTERNATIONAL GATEWAY WEST LLC, by SABEY CORPORATION, Manager Its: C-4) l C--U -2z< Q On this day, before me personally appeared JIM MORROW to me known to be the PUBLIC WORKS DIRECTOR for the City of Tukwila, and executed this instrument on behalf of the City of Tukwila in his capacity as PUBLIC WORKS DIRECTOR and acknowledged that he is authorized to do so at their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVE \..�`id band an A. psi P s\ON cl tt i So NoTARy I i U rn' i t PUBLIC S t STATE OF WASHINGTON COUNTY OF ICING On this day, before me personally appeared JAMES N. HARMON to me known to be the CFO, TREASURER AND SECRETARY of Sabey Corporation, as Manager of International Gateway East LLC and International Gateway West LLC and executed this instrument on behalf of Sabey Corporation, as Manager of International Gateway East LLC and International Gateway West LLC his capacity as CFO, TREASURER AND SECRETARY of Sabey Corporation and acknowledged that he is authorized to do so as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this g day of Rateik2001. MARY A. HALL STATE OF WASHINGTON NOTARY PUBLIC MY CODUISSIO9 EXPiRES12 -19 01 Approved as to form. Attomey for th- ity of Tukwila d official seal this 2n._ day of 2001. &a. Q ta NOTARY PUBLIC in and for the State of Washington residing at 4'n My commission expires: 6- /6 03 1 a S N i ARY P TIC in and for the State of Washington residing at My Commission expires: ID 9 -O x to CD CQ CD 0 0 03 CD EXHIBBIT B Lot 4 City of Tukwila Boundary Line Adjustment No. L2000 -042 recorded under King County Recording No. 20000828900001. EXHIBIT C Lots A and C, City of Tukwila Boundary Line Adjustment No. L98 -0033, Recorded under King County Recording No. 9810059013.