HomeMy WebLinkAboutTIS 2023-02-06 Item 2H - Permit - Seattle City Light Temporary Construction Permit Renewal at Public Works Fleet and Facilities BuildingCity
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TO:
FROM:
INFORMATIONAL MEMORANDUM
Transportation and Infrastructure Services Committee
Hari Ponnekanti, Public Works Director/City Engineer
BY: Griffin Lerner, Public Works Analyst
CC: Allan Ekberg, Mayor
DATE: February 3, 2023
SUBJECT: Public Works Fleet and Facilities Building
Project No. 91630601
Seattle City Light Temporary Construction Permit Renewal
ISSUE
Approve renewal of Seattle City Light (SCL) temporary construction permit for the use of SCL's fee -
owned transmission line corridor property located at the Public Works Fleet and Facilities Building.
BACKGROUND
In 2018, the City purchased the property adjoining the SCL's transmission line corridor. In 2019, we
started negotiations with Seattle City Light for the use of the property. Council approved the initial rental
agreement at the January 27, 2020, Consent Agenda. Since then, the City has rented the property from
SCL.
ANALYSIS
Seattle City Light is allowing the temporary use of their fee -owned transmission line corridor property
beginning on January 1, 2020, and shall continue on a month -month basis until December 31, 2025, or
until cancelled by either party.
FISCAL IMPACT
The temporary construction permit with Seattle City Light has the initial base rent of $19,341.27 for
2023, with a 3% escalation per year through 2025. The total rent cost from 2023 through 2025 is
$59,781.94.
Annual Rent Costs
2023 $19,341.27
2024 19, 921.51
2025 20,519.16
Total $59,781.94
RECOMMENDATION
Council is being asked to approve the renewal of the Seattle City Light (SCL) temporary construction
permit for the use of SCL's fee -owned transmission line corridor property located at the Fleet and
Facilities Building for January 1, 2023, through December 31, 2025, in the amount of $59,781.94 and
consider this item on the Consent Agenda at the February 13, 2023, Special Council Meeting.
Attachment: SCL Temporary Construction Permit Agreement
75
CITY OF SEATTLE - CITY LIGHT DEPARTMENT
TEMPORARY CONSTRUCTION PERMIT
P.M. #230409-1-403
THIS PERMIT is issued by THE CITY OF SEATTLE, a Washington Municipal Corporation
acting through its CITY LIGHT DEPARTMENT ("City"), to CITY OF TUKWILA, a
Washington municipal corporation (Permittee"), for temporary use of a portion of the City's
fee -owned transmission line corridor property ("Premises") described as follows:
Permitted Area:
That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W.M.,
described as follows:
Beginning atthe northeast corner of said Section; thence North 89°18'51" West, along the
north line of said Section, 150.50feet to the TRUE POINT OF BEGINNING; thence
continuing North 89°18'51" West, along said north line, 64.43 feet; thence southeasterly,, in
a straight line, to a point on the east line of said Section which is South 1°45'39" West,
138.62 feet from the northeast corner of said Section and is the intersection of the east line
of said Section with the southwesterly line of the City of Seattle Transmission line right-of-
way; thence northwesterly, in a straight line, to the true point of beginning.
TERMS AND CONDITIONS
1. Use. Permittee.'s temporary use of the Premises shall be as follows: Access, parking and
the right to fence.
2. Term. The term of this Permit shall' begin on January 1, 2023 and shall continue on a
month-to-month basis until December 31, 2025, or until cancelled by either party as provided in
Section 23 herein, whichever occurs first. The term may be extended bymutual written
agreement of the Parties through amendment to this Permit.
3. Rent. The Permittee agrees to pay the following fees for its temporary use of the Premises
as above stated:
a. Initial Base Rent. The initial base rent for the Premises shall be Seventeen Thousand
Seven Hundred Dollars ($19,341.27) per year, payable in advance.
b. Base Rent Annual Escalation. The Base Rent for this Permit shall increase 3% per year
beginning January 1, 2024, and every January 1st thereafter. Below is the escalated rent
for 2024 and 2025.
January 1, 2024 - $19,921.51
January 1, 2025 - $20,519.16
c. To assure proper posting of payments, Permittee shall note on its checks "City Light
Permit P.M. #230409-1-403 and include the payment stub from the invoice.
d. Permittee hereby agrees that, in case of an increase in rent or other fees, all other
provisions of this Permit shall remain in full force, changed only by such alterations in
amount of rent or other fees and not otherwise. Permittee further agrees to pay the correct
amount of total rent due irrespective of any billing statement Permittee may receive from
the City.
Permittee Initials AE
76
4. Taxes and Other Fees. Permittee shall pay all license, excise and occupation taxes in
connection with Permittee's business conducted on the Premises, and all taxes on the Permittee's
interest created by this Temporary Permit.
5. Buildings or Structures. No building or structure shall be constructed, placed, or allowed
to remain upon the Premises, other than the approved office trailer. No ponds, ditches or open
water retention facilities of any kind shall be constructed, created, or allowed to remain on the
Premises.
6. Cuts or Fills. Permittee agrees to submit plans furnishing details of any blacktopping,
grading,cuts, or fills for approval by the CEO and General Manager of City Light, or his
representative, prior to the undertaking of any such blacktopping, grading, cut or fill operation on
the Premises. The City reserves the right to prohibit grading or filling on the Premises.
7. Damage to Permittee's Property. Permittee agrees that the City shall not be liable for any
damage to Permittee's personal property by reason of any construction, alterations, maintenance.
or improvements made or performed within the Premises by the City, its agents or
representatives.
8. Other Uses. Permittee agrees not to use the Premises for any other purpose whatsoever
than as set forth above and agrees that the CEO and General Manager of Seattle City Light shall
be the sole judge of any conflict or violation of such use as above stated.
9. Permit for Use of Premises Only. This Permit is for use of the Premises only and shall not
be construed to replace or be used in lieu of any permits or licenses which may be required,
granted, or supervised by any other subdivisionof government charged with licensing, policing,
or supervising the operations of the Permittee.
10. Zoning. Permittee agrees that use of the Premises must be consistent with applicable
zoning laws and regulations; where the proposed use is not consistent with said laws and
regulations, said use is made conditional upon the Permittee obtaining conditional zoning or a
zoning variance if necessary.
11. Property Condition. Permittee agrees to maintain the Premises occupied or used in an
orderly, fit and sanitary condition. At the termination of this Permit, Permittee shall restore the
Premises to as good a condition or better than that which existed prior to issuance of this Permit.
12. City's Access. The Permittee shall not at any time interfere with the City's access to, over,
or through the Premises.
13. Non -Exclusivity. Where this permit is issued for access, it shall not be deemed or held to be
an exclusive permit or prohibit City Light from granting other permits of like or other nature, or
interfere with the City's use of the Premises, or affect the City's jurisdiction over all or any part
thereof.
14. Access Road Maintenance. To avoid damage to Permittee's access road, if any, the City
recommends that the Permittee maintain all access roads to American Association of State
Highway and Transportation Officials H-93 loading standards (heavy loading).
15. Vehicles, Equipment, Signs. The Permittee agrees to not to allow vehicles or other
equipment within five (5) feet of any pole or within ten (10) feet of any tower within the
Premises and to maintain at least a 15 -foot vertical clearance from power lines. Permittee further
agrees not to place signs or any material or objects whatsoever against any transmission line,
tower, or pole.
16. Protection of City Facilities. Permittee agrees to install and maintain protection such as
guard posts or ecology blocks for the protection of electrical transmission line poles/towers
located on said property in a manner approved by the CEO and General Manager of Seattle City
Light or his/her representative.
Permittee Initials
AE
77
17. Warning Signs. The City reserves the right to require the Permittee to place signs or other
warning devices of hazards if any governmental agency or the City determines such hazards
exist.
18. Laws and Regulations. The Permittee agrees to comply with all Federal, State and local
electrical safety laws and regulations.
19. Indemnification and Insurance.
a) Permittee agrees to indemnify and hold harmless The City of Seattle from all claims,
actions or damages of every kind and description, including all claims, actions or
damages brought by Permittee's employees, contractors, agents, representatives,
tenants, or invitees, which may accrue from or be suffered by reason of Permittee's
use of the Premises, the performance of any work in connection with such use, or
Permittee's breach of any of its obligations under this Permit. In case of any suit or
action brought against the City arising out of or by reason of any of the above causes,
Permittee shall, upon notice to Permittee of the commencement of such action, defend
the same at no cost or expense to the City, and Permittee will fully satisfy any
judgment rendered in said action adversely to the City, except to the extent ofthe
negligence or willful misconduct of the City, its agents or representatives. By this
indemnity provision, the Permittee expressly waives any immunity its businesses may
have from claims by its businesses' employees under any workers' compensation or
industrial insurance law arising out of workplace injuries, as defined under RCW
51.24.030, in connection with Permittee's use of the Premises.
b. The Permittee shall provide sufficient self-insurance coverage from WCIA.
Such insurance shall include "the City of Seattle" as an additional insured for
primary and non-contributory limits of liability and shall not canceled unless no
less than thirty (30) days prior written notice is provided to the City, except ten (10)
days' notice with respect to cancellation for non-payment of premium. Failure to
maintain required insurance shall be considered a material breach of contract, subject
to the remedies laid out in Paragraph 25 below.
The permittee shall send certification of insurance meeting the minimum
coverages, limits and terms as specified above to:
Seattle City Light, Real Estate Services
700 Fifth Avenue, Room 3325
P.O. Box 34023
Seattle, Washington 98124-4023
Such certification shall include an actual copy of the policy provision(s)
documenting that "The City of Seattle" is an additional insured for primary and non-
contributory limits of liability.
20. Inspection. The CEO and General Manager of City Light, or his representatives, shall have
the right at all times to inspect said Premises for the purpose of observing the conditions thereof,
and the manner of compliance by the Permittee with the terms and conditions of this Permit.
21. Right to Suspend. The CEO and General Manager of City Light shall have the right at all
times to suspend any or all operations on the Premises which he deems to be detrimental to the
best interest of the City or the public.
22. Hazardous Materials. Permittee covenants and agrees that neither they, nor their
employees, contractors, agents, or invitees will store, dump, bury or transfer any hazardous
substances, flammable materials, inoperable vehicles, chemicals, oils, fuels, or containers for
said substances, chemicals, oils, fuels, etc., on the Premises, and shall comply with all Federal,
State and local environmental laws and regulations.
Permittee Initials
AE
78
23. Cancellation. This Permit may be cancelled at any time upon thirty (30) days written notice
by either party to the other party, mailed to the other party's last known address. Permittee will
only be responsible for the prorated rent costs for the time permit is in effect.
24, Temporary Nature of Permit. Permittee understands and agrees that Permittee's status
under thisPermit is only that of temporary licensee, with term permitted temporary use of the
Premises limited by the terms of this Permit and the City's need to use the Premises and
Permittee also understands and agrees that cancellation or non -renewal of this Permit for any
reason whatsoever shall not place any obligation on the City to provide Permittee any alternative
rental property or facilities. This Permit vests no permanent property rights in the Permittee and
cancellation or non -renewal thereof does not render Permittee a "displaced person" as defined
under RCW 8.26.020 or Chapter 20.84 Seattle Municipal Code.
25. Violation of Terms. Should the Permittee violate, breach or fail to keep or perform any
covenant, agreement, term. or condition of this Permit, Permittee shall forfeit any and all rights
herein Permitted, and the City shall have the right to immediately cancel and terminate said
Permit and all of the Permittee's rights hereunder without liability for loss or damage that the
Permittee may thereby sustain; and upon termination of this Permit, the Permittee will vacate the
e
Premises and remove its personal property therefrom.
26. Removal of Personal Property. Permittee shall remove all of its personal propertyy from
the Premises on or before the termination date of this Permit. If Permittee fails to remove such
personal property on or before the termination of this Permit, the same shall, at the City's option,
become a part of the realty and 'the property of The City of Seattle, or the City may, at its
election, remove the same without liability to the Permittee for loss, injury or damage thereto,
and the cost of such removal and restoration of said premises to their former condition shall be
paid by the Permittee to the City upon demand.
27. Survival. All of the licensing, Permitting, tax and other legal requirements or obligations
incurred by the Permittee hereunder shall survive the cancellation or termination date of this
Permit. All of the indemnification and hold harmless provisions, as well as the hazardous
substance covenant, of this Permit shall survive the cancellation or termination date hereof.
28. Assignment. This Permit is not transferable or assignable, in whole or in part, nor may any
portion of the rented premises be sublet, without the express written approval of the CEO and
General Manager of City Light, or his representative.
This space intentionally left blank; signature page follows.
Permittee Initials AE
79
GRANTED this day of Q G, 4 1 R ire— , 2022.
FOR THE CITY OF SEATTLE CITY LIGHT DEPARTMENT:
G� (aiffewih
By: Greg Sr ncewich (Dec 20,2022 12:23 PST)
Greg Sancewich
Real Estate Manager
ACCEPTED this 20th day of December , 2022.
PERMITTEE:
City of Tukwila
• By:
Print Name: Allan Ekberg
Title: Mayor
Permittee Initials AE
80
City of Tukwila Signed
Final Audit Report
2022-12-20
Created: 2022-12-20
By: Chad Morrell (chad.morrell@seattle.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAOeGOxbwkGay9pT171zps_WkocaQgd2Za
"City of Tukwila Signed" History
t Document created by Chad Morrell (chad.morrell@seattle.gov)
2022-12-20 - 8:21:31 PM GMT- IP address: 156.74.250.13
f Document emailed to Greg Sancewich (Greg.Sancewich@seattle.gov) for signature
2022-12-20 - 8:22:05 PM GMT
ft'i Email viewed by Greg Sancewich (Greg.Sancewich@seattle.gov)
2022-12-20 - 8:22:49 PM GMT- IP address: 66.170.184.4
Document e -signed by Greg Sancewich (Greg.Sancewich@seattle.gov)
Signature Date: 2022-12-20 - 8:23:01 PM GMT - Time Source: server- IP address: 66.170.184.4
Agreement completed.
2022-12-20 - 8:23:01 PM GMT
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