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Home My WebLink AboutPW08-256 - Original - Bonneville Power Administration - BPA Land Use Agreement - 07/14/2008 - Records Mant'ag'Fe"" men . : KENT Document WASHINGTON h' ANEW CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: J3CflJge C ?61&1 ////Sll6/lDxVendor Number: n JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: BPA 'or4 «QQ A o o jv-� Detail: I&C M 944T oyl 61,.4& ►'i &J&& J 4, e A'I Project Name: I Contract Effective Date: — 7 406 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Qj41 Tw Department: 91 U4 War�S— «�'iV FGvtq, i Abstract: ' a Ca u i;,'d n m czJkl 11 s - e r _ c /i- ems$, SPubhc\RecordsManogement\Forms\ConlraclCover\ADCL7832 07/02 RECEIVEL Department of Energy * * Bonneville Power Administration JUL 0 9 2008 28401 Covington Way C' o � Kent, WA 98042 ENGINEERI�IV�pN1` r.. July 2, 2008 In reply refer to: TRFN/Covington TRACT No. C-SE-597 CASE No. 20060283 LINE: Covington- Seattle (oper. As Covington- Creston) and Covington- Maple Valley No. 1(oper. As Cov.- Duwamish No. 1) btwn towers 2/1 and 2/2 Mr. Joseph E. Fielding Public Works City of Kent 220 Fourth Ave. So. Kent, WA 98032-5895 LAND USE AGREEMENT Bonneville Power Administration (BPA) hereby permits the City of Kent, a state of Washington municipal corporation ("the City") to construct, operate, maintain, repair, alter, rehabilitate, remove, replace, and monitor features of the Green- Duwamish Ecosystem Restoration Project ("Project") including: channel features, vegetative plantings; modifications and improvements within and adjacent to the channel or shore for grade control, or bank stabilization purposes; fish and wildlife habitat or other ecosystem restoration improvements; placement of materials or structures in the bed, banks, or shorelines that influence stream velocity or channel form; removal or placement of gravels, cobbles, boulders, woody debris, and other structures or conveyances to recharge or maintain flow to existing wetlands; together with the right to remove structures or obstructions including levees; reserving, however, to BPA, its successors and/ or its assigns, all other rights and privileges that may be used without interfering with or abridging the enumerated rights hereby conveyed and acquired; all subject to existing rights. The location of the City's use is partially within the NE 1/4 SW 1/4 and NW 1/4 SE 1/4 of Section 26, Township 22 North, Range 5 East, Willamette Meridian, King County, State of Washington, as shown on the attached segment of BPA Drawing No. 123802, marked as Exhibit A ("right-of-way") and incorporated herein. 1 Tract No. C-SE-597 Case No. 20060283 Land Use Agreement - Lake Meridian Outlet Project (Between City of Kent and Bonneville Power Administration (July 2, 2008) BY GRANTING AND ACCEPTING THIS LAND USE AGREEMENT BPA AND THE CITY AGREE TO THE FOLLOWING CONDITIONS: 1. If the City intends to make any changes or additions to its use of the right-of- way from those identified in the TESS, SPCC Plan, and restoration measures indicated in the ACOE/City of Kent Environmental Assessment (EA) and plan drawings (C34-C37 of 37) called Exhibit E, BPA's review and written approval must be obtained. Written approval will not be unreasonably withheld. Any other uses and utilities on the right-of-way must be applied for separately. 2. The City agrees to be responsible for and comply with all procedural and substantive environmental requirements imposed by local, state or federal laws or regulations applicable to the facility. The City agrees to timely notify BPA of any reportable release of hazardous substances or breaches of environmental requirements, and shall mitigate and abate adverse environmental impacts of its actions. The City agrees to hold BPA harmless for any and all liability arising from the violation of such environmental requirements by the City. Violations of such requirements by the City shall make this Agreement voidable at the election of BPA. 3. Except as provided in item 6. below, BPA shall not be liable for damage to the City's improvements in the right-of-way, or injury to persons that might occur during maintenance, reconstruction, or future construction of BPA facilities as a result of the City's facilities being within the right-of-way. 4. The City's use must maintain a minimum distance of at least 25 feet between its facilities and the transmission line. The City shall maintain a minimum distance of at least 50 feet from steel lattice structure with concrete footings/and any associated guy and anchors. 5. The City shall not store flammable materials or refuel vehicles or equipment within the right-of-way. 6. The City shall design and build the box culvert and access road to withstand HS-20 loading from BPA's heavy vehicles. 7. The City shall not interfere or obstruct access to transmission line structures by BPA's maintenance crews. 8. BPA shall repair damages to the box culvert and access road caused by or arising out of BPA's use thereof. 9. BPA anticipates that the TESS, SPCC Plan, and restoration measures to be implemented are as indicated in the ACOE/ City of Kent Environmental Assessment (EA) and plan drawings (C34-C37 of 37) called Exhibit E. Should substantive changes to these plans occur affecting your construction activities in the BPA right- of-way, the City shall notify Bonneville Power Administration, Real Estate Field Services (TRFN/Covington) 28401 Covington Way, Kent, WA 98042. 2 Tract No. C-SE-597 Case No. 20060283 Land Use Agreement - Lake Meridian Outlet Project (Between City of Kent and Bonneville Power Administration (July 2, 2008) 10. The City's use has been determined not to be a hazard to, or an interference with, BPA's present use of this easement area for electric transmission line purposes. Accordingly, there is no present objection to such use. However, if such use should, at any time, become a hazard to the presently installed electrical facilities of BPA, or any facilities added or constructed in the future, or if such use should interfere with the inspection, maintenance, or repair of the same, or with the access along such easement, upon receiving written notice, the City will have 90 days to correct or modify the hazard or interference, from the right-of-way at no expense to BPA. 11. If BPA determines that the City's use of the right-of-way has caused damage to BPA's property and is of such a nature that BPA determines that either an emergency exists or the City has not made repairs within the agreed upon 90 days in Section 10, repairs may be made by BPA and the actual cost of such repair shall be charged against and be paid for by the City. 12. The City is covered by tort liability provisions in Washington state statute and BPA is covered by the same in Federal statute. Each party assumes responsibility for any damages to third parties, only pursuant to their respective tort liability statutes, that are attributable to each party's own negligent acts or omissions. BPA and the City agree, to the extent permitted by their respective state and Federal tort liability law, to be responsible for all claims costs, damages and expenses suffered due to each party's own actions or those of its employees in the performance of this agreement. 13. If the City assigns this agreement or any part thereof, notice thereof shall be given in writing to Bonneville Power Administration, Real Estate Field Services (TRF/Covington) 28401 Covington Way, Kent, WA 98042, or by telephoning Paul B. Woolson 253-631-9154. The following items are advisory in nature, but should be given due consideration: A. Nuisance shocks may occur within the right-of-way. Grounding metal objects helps to reduce the level of shock. B. Please note that BPA is not the owner of this property. If the City is not the owner, the City must obtain the owner(s) permission to use this property. There may also be other uses of the property that might be located within the same area as the City's project. This Agreement is subject to those other rights. This Land Use Agreement becomes effective upon the signature of both Parties. If you have any questions or concerns, please notify us. You may direct any communication to this office, Bonneville Power Administration, Real Estate Field Services (TRFN/Covington) 28401 Covington Way, Kent, WA 98042, or by telephoning Paul B. Woolson, at 253-631-9154 or 1-800-282-3713. 3 Tract No. C-SE-597 Case No. 20060283 Land Use Agreement - Lake Meridian Outlet Project (Between City of Kent and Bonneville Power Administration (July 2, 2008) This Agreement is entered into with the express understanding that it is not assignable or transferable to other parties without the prior written consent of BPA and does not modify, change, or otherwise alter the rights BPA acquired by Deed. This Agreement does not convey any easement, estate, or interest in the land. A copy of this agreement shall be physically located at the project during construction activities. The City of Kent agrees to the terms of this Agreement. CITY OF By: Print es: a7u Its: Date: f /h� Off THIS AGREEMENT IS HEREBY AUTHORIZED BO EVILLE P ER ADMINISTRATION: Paul B. Woolson Realty Spegialist �� Date: J u C!1 , 01 P\Civll\Files\OpenFiles\0981\BPAlanduseAgreement-Final-Clean-070208 doc 4 Tract No. C-SE-597 Case No. 20060283 Land Use Agreement - Lake Meridian Outlet Project (Between City of Kent and Bonneville Power Administration (July 2, 2008) bcc: M. Wolcott- TRF-TPP-4 N. Meisner-TRF-TPP-4 P. Woolson-TRFN/ Olympia Aircraft Services- TC/ Hanger PBWoolson:3867:7/31/2006(W:Casefile #20060283LUA.doc) 5 Tract No. C-SE-597 Case No. 20060283 Land Use Agreement - Lake Meridian Outlet Project (Between City of Kent and Bonneville Power Administration (July 2, 2008) Sec 26, Twp 22 N, Rng 5 E, W.M. OS+CL 6N W co IN O W / 1 � a W � W E ai N }w a N 41) WEB o5+�c At U Z �N N 0 11, MDa)�� a � .�� Fi �G.+•��"y .ter ^�,y roD •Ur yid • M • O .J q (�W Op r l •5 a.; it sa =bc o : Lra REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes W A 5 H I N G T O N Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: (� L �l — tQvv Phone (Originator): X 6-56-Z Date Sent: `�j— 9 - �� Date Required: Return Signed Document to: 0, CONTRACT TERMINATION DATE: N VENDOR NAME: L3P.4 � � DATE OF COUNCIL APPROVAL: �] lie 2cc(�• Brief Explanation of Document-- CG�ee I��L{'%L�ia�k G' �+( �� / rv � + �Ci LCa J�Ct' C G�JS2•i7t+er �Q l�`Lc_'�J e'•L �� C rJI r �f7,5e•.� �� YX X[e',.h LL, ��'Y a �t..>-ZI,� � CdG�n /� �•- ( 1 J�� ) `� �n�� L� �1�tJ All Contracts Must Be Routed Through the Law Department (This Area to ben ted Gy the Law Department) �� J t Received: � � C� Approval of Law Dept.: JUL Law Dept. Comments: f)�' ,N Date Forwarded to Mayor: (� Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: Disposition: 711 Date Returned: Iage5870 • 3/05