HomeMy WebLinkAbout2000 - Encroachment into City Right-of-Way Agreement - Group Health Cooperative of Puget Sound - 20001003000482Return Address:
City of Tukwila
City Clerks Department
0
o 6200 Southcenter Blvd
m Tukwila, WA 98188
0 206 -433 -1800
Other:
731665
Last Name
Stingta
20001 00300048
12.00
PATE 0 Tuxu00 ae 005
10/0 001 OF t
KIND COUNTY,i:1 UA
CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
0
0
cn
n
Document Title: f1 &REEMENr BETWEEN ROuPHEAGTH coo/oaf/mu
OP PU617 SOUND ANL THE CITY OP TUKWILA RELA /A46 TO OPER
OWNERS ENCIWCHMENr INTO cm' RIGHT OF WAY
PERMIT Mz 20 0 -/e0
Parties: The City of Tukwila, Washington
B /LL
Inidau
First Name
GROUP HEAL7H COOPae47iDE OP &6ET 506'MD
Company Name
52/ WALL ST.
Address
aEA-TTlE W�
Cit State
Assessor's Property Tax Parcel/ Account Numbers:
73 40600480 73
581,2/
WA
c-+
0
0
0
0
Cr)
0
0
0
0
CV
AGREEMENT BETWEEN GROUP HEALTH COOPERATIVE OF PUGET SOUND
AND THE CITY OF TUKWHA 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 rights of way
and to generally provide for the public health, safety, and welfare, and that the CITY
likewise has the legal authority to abate any obstructions or encroachments of it rights of
ways or utility easements undbr 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 authority 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 right -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 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 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 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 Group
Health on the right -of -way located at the address, above, Group Health agrees to defend,
indemnify, and hold the CITY harness as follows:
c�
0
0
0
0
0
0
0
0
Group Health shall maintain accurate engineering plans and details of all
installations within the right of way and shall provide as -built plans prior to close -out of
Permit Number:M 2000 -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 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 Group Health's
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 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 prescribed 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 permit 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 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.
Nothing in this Agreement shall relieve Group Health from any obligation to
obtain approvals or necessary permits from applicable federal, state and CITY
authorities.
cv
0
0
0
0
0
0
0
0
CJ
Dated this day of A /2000.
CITY OF TUKWILA GROUP HEALTH COOPERATIVE
OFPUGET
See, frK" 1
PUBLIC WORKS DIRECTOR DIRECTOR OF ADVUNSTRATIVE
SERVICES
STATE OF WASHINGTON
COUNTY OF KING IJJ`
aa yy l3 riun She /ton
Wjh day, before me personally appeared to me known to be
the PUBLIC WORKS DIRECTOR for the City o Tukwila, and executed this instrument
on behalf of the City of Tukwila in his capacity of 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. arty
GIVEN,ttgl,,e my hand and official seal this 3L -t day of C"t tw -t 2000.
i Q- ..%s%ONF L I li,
OTARY 9: UJ„ Lcc CL. /•iii- cto,g''
5'
0 N y NOTARY PUBLIC in and for the State of
p�� f Washington residing at R.rn;.�r_ n.
Jj,'. 5 p My commission expires: 6 /6- C 'f
i q., 75AS!
1tt t�W
STATE OF WASHINGTON
COUNTY OF KNG
l
On this day, before me personally appeared to me
known to be thelit &!z tf her 9 t4 y for Group Health Cooperative, and
executed this instrument on behalf of Group Health Cooperative his capacity as1+4;tLh 5 /41'4 +si'pk
and acknowledged that he is authorized to do so at their free and voluntary act and deed, PA. as
for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 3 C day of 2000.
L I OTARY PUBLIC in and for the State of
Approved as to form.
Washington residing at 0 1
My Commission expires: 4 -1° C'1
AGREEMENT BETWEEN GROUP HEALTH COOPERATIVE OF PUGET SOUND
AND THE CITY OF TUKWILA RELATING TO PROPERTY OWNER'S
ENCROACHMFNT 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, Tulcwila, 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 rights of way
and to generally provide for the public health, safety, and welfare, and that the CITY
likewise has the legal authority to abate any obstructions or encroachments of it rights of
ways or utility easements under ROW 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 authority 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 right -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 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 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 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 Group
Health on the right -of -way located at the address, above, Group Health agrees to defend,
indemnify, and hold the CITY haiinless as follows:
Mt Z000-(30
Group Health shall maintain accurate engineering plans and details of all
installations within the right of way and shall provide as -built plans prior to close -out of
Permit Number:M12000 -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 Iiability 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 Group Health's
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 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 prescribed 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 permit 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 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.
Nothing in this Agreement shall relieve Group Health from any obligation to
obtain approvals or necessary permits from applicable federal, state and CITY
authorities.
Dated this day of 2
CITY OF TUKWILA GROUP HEALTH COOPERATIVE
OF PUGET SO TD
Pte« Sal fr
PUBLIC IVORKS DIRECTOR
GIVEi`mker my hand
x
QV.•�c�$%0 N 6 .„:6
i o NOTARY W i
PUBLIC
it I 9 6 1604;
ti WAS
STATE OF WASHINGTON
COUNTY OF KING
Or
DIRECTOR OF ADMINSTRATIVE
SERVICES
STALE OF WASHINGTON
COUNTY OF KING /Jfr
gg l3 rian She fogy Yt
At 'PC7n'"this day, before me personally appeared JI& OWto me known to be
the PUBLIC WORKS DIRECTOR for the City of T�uk�wila, and executed this instrument
on behalf of the City of Tukwila in his capacity dg' LIC 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. 04Y V,Y
and official seal this 314t day of aura 2000.
ai a.
NOTARY PUBLIC in and for the State of
Washington residing at gir rrt.
My commission expires: 6 /6- 0 V
t It YC'-
On this day, before me personally appeared to me
known to be the)if Lh'.' 4 Pali'-+,';gh,tvx A.r if c for Group Health Cooperative, and
executed this instrument on behalf of Group Health Cooperative his capacity as'NrtttY bi 115.1 'tiv t St&':w
and acknowledged that he is authorized to do so at their free and voluntary act and deed, t vtic;us
for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 3 0 day of 2000.
•OTARY PUBLIC in and for the State of
Approved as to form.
Attorney for the City of Tukwila
Washington residing at C cii_-
My Commission expires: 4 1 C
x