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Home My WebLink AboutPK11-339 - Extension - Puget Sound Energy, Inc. - Permit for Land Use of Interurban Trail at James Street and West Meeker Street - 02/28/2010 Records Manatjgemen� KENT Document WASHINGTON 1 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 Clerk's Office. Vendor Name: S' Ky- SoUYI3 � v\Prr s Vendor Number: )D Edwards Number q Contract Number: This is assigned by City Clerk's Office x Project Name: PS l: �- 3V%A- d Way — In��ruv have �rci: L:'v",+ed USQ Pecvvx k- RYVIEWA\ Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ,'Other: Pc�sY. -i�- 2LA - 22- Oc1 - 0k1 � Contract Effective Date: b - ,� _ Z 0 ` Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: &"av LeveNhAP'bepartment: (Da V- Y— S Detail: (i.e. address, location, parcel number, tax id, etc.): +yALkVbav,Tr,a CSo��1�, o-CJnv1neS + 1�30,4" 0 -P W- Y,-e 7 S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 r• 3 PUGET SOUND ENERGY The Energy To Do Great Things PERMIT FOR LIMITED USE OF OPERATING PROPERTY i PERMIT NO. 24.22-04-0111 THIS LIMITED USE PERMIT made this 17 OL day of A UG.us-7— 2011 by and between PUGET SOUND ENERGY, INC , a Washington corporation ("PSE" herein) and CITY OF KENT a Washington municipal corporation ("Permittee" herein) l PSE hereby grants permission to Permittee to use the following described real property (the "Property" herein) situated in King County, Washington. D That portion of PSE's 100 foot wide fee owned right of way lying within the Northwest Quarter of Section 24, Township 22 North, Range 4 East, W M., and Easterly of the Easterly line of the Interurban Trail as it now exists, south of James Street and North of West Meeker Street, as shown on the attached Exhibit A t 1. Term. Unless otherwise terminated pursuant to the terms hereof, the term of this Permit is ten (10) years beginning February 28, 2010. 2 Rent. Permittee shall pay to PSE the sum of $2,000 00, payable in advance, for the term of the permit 3 Permittee's Use of Property is Limited to recreational purposes including, but not limited to a. Two (2) baseball fields b Portable bleachers (metal) c Cyclone fence backstop and side fencing. d Two (2) portable sane-cans. e Lawn maintenance f Lawn play field area g Skateboard park -- in accordance with plans and specifications dated June 10, 1996, by Purkiss Rose -- RSI. h. Landscaping i Other appurtenances relating to a skateboard park. j. In the event lighting is added, the height of such lighting shall not exceed 15 feet k Basketball court built in accordance with plans and specifications from the City of Kent Parks and Recreation Department, dated July 2, 1999, titled Kent Rotary Basketball Courts 4 Limitations on Use. The Property is operating utility property of PSE and PSE may use same for the purposes of its utility business as fully as if this permit had not been given Permittee shall not erect any building or structures of any kind on the Property, or use the Property for any purpose other than specified in paragraph 3 above No blasting shall be done without PSE's prior written consent, and brush and stumps shall be burned only at times and in a manner permitted by law and with due care not to injure any property Permittee shall comply with all laws and ordinances applicable to the Property and Permittee's use thereof and shall keep the Property free from any and all liens which might arise as a result of Permittee's use and occupancy of the Property i Permit for Limited Use of Operating Property No 24-22-04-0111 Permittee-City of Kent 5 Indemnity. The Property is subject to the hazards incident to the operation of an electrical system, and in consideration of the nominal charge paid by Permittee for the use of the Property, Permittee hereby agrees that PSE shall not be liable for any damage or injury suffered by Permittee on the Property or for any damage or injury to crops or other property upon the Property Permittee further agrees to save and hold PSE harmless from all claims for damages suffered by any person on the Property which may arise as a result of Permittee's use of the Property 6. Assignment, Termination. This permit is not assignable and it may be terminated by PSE at any time upon sixty (60) days' written notice given to Permittee in person or by mail Upon such termination the unearned part of any prepaid rental shall be refunded 7 Restoration. Upon termination of this permit, Permittee shall remove any facility which Permittee has placed upon the Property and shall otherwise restore the Property to as good a condition as it was prior to the installation of said facility on the Property 8 Renew. This permit may be renewed upon mutual agreement between Permittee and PSE 9 Terms and Conditions of Use: • Access to PSE's existing and future facilities is not impeded • In the event that it should become necessary for PSE to install any additional utility facilities and use of Permittee's improvements interferes with or causes a hazard to such installation to the extent that it is impracticable or more expensive to accomplish such installation, Permittee shall have the obligation to either, (a) protect, modify or remove the improvements at Permittee's cost, or (b) to reimburse PSE for its added costs of design, construction and installation to avoid such interference or hazard • No underground metallic fixtures or pipes are to be installed on the Property • No construction within 50 feet of an existing structure, or 15 feet from an existing anchor • The grade of Permittee's improvements shall be no higher than the existing surrounding grade Adding fill will not be allowed • The mature height of any landscaping shall not exceed 15 feet. • No structures or storage of material on the Property • Fencing parallel with electric power lines needs a six (6) inch gap every 400 feet • Reinforcing steel in any concrete, support poles for the baskets and any other metallic object should be grounded • No chain link fencing or any type of metallic fencing shall be installed around the basketball court now or in the future • No sports lighting or lighting standards shall be installed around the court now or in the future Permittee shall install warning signs around the basketball court indicating high voltage conductors are above the playing surface • During construction of the basketball court Permittee is hereby informed that PSE will not take outages and that proper clearance from all energized conductors shall be maintained The clearances from construction equipment shall be in accordance with the provisions of WAC 296-155-525 The minimum clearance from the 12 5 thousand volt line shall be 10 feet, the 115 thousand volt line shall be 12 5 feet, and the clearance to the 230 thousand volt line shall be 16 feet 4 , f ' Permit for Limited Use of Operating Property No 24-22-04-0111 Permittee-City of Kent EXECUTED as of the date first above written ACCEPTED: s CITY OF K PUGET SOUND E��JJNERGY^, INC BY BY �4i 0 P rm ee Consultin6 Real Estate Representative Ad ss 220 4`h Avenue South Kent, WA 98032-5895 Telephone No 253-856-5100 s EXHIBIT A 4 �W 24-22--4 _ +4H•x sYj%MJ 92D, � a _ to g =1 � m� • C 4 1� e Q M � 1 _ III � d , � l 1; T l� 1 n 7755 r 1 .J �p`1 Sddt I a p3 ' h=� kryrt Y 7 ie-D w i gu c h y P ® IrN ' 1 'f i,•ux R Z L ,L -Al =r 1, i e G a s NInnISOU W ti a', `•`d't, III � � / � f« '-il'1''� 1. � .s � gMIXSSOP w �ckLn gT. r Page 4 I ' OOWAFN August 6, 1996 Ms. Helen Wickstrom City of Kent 220 4th Avenue South Kent, WA 98032-5895 RE- PSE R/W - Kent Limited Use Permit No. 24-22-04-0111 Dear Helen: The permit noted above has been executed by Puget Power and an executed copy of the permit is enclosed for your records. Receipt of your check No. 172267 in the amount of$1,000.00 is hereby acknowledged It has been applied as rental for the ten (10) year term of the Permit. Sincerely, // lid Wayne Bressler, SR/WA Real Estate Department W B/kb Enclosure Puget sound Power&Light Company P 0 Box 97034 Bellevue,WA 98009-9734 (206) 454-6363 ARM" PERMIT FOR LIMITED USE OF OPERATING PROPERTY ) PERMIT NO. 24--22-04-0111 THIS LIMITED USE PERMIT made this Iny-14 day of IN U e LtS7 1996 by and between PUGET SOUND POWER&LIGHT COMPANY, a Washington I Corporation ('Puget herein) and CITY OF KENT ("Permittee" herein) ' ) Puget hereby grants permission to Permittee to use the following described real property(the "Property" herein) situated in King County, Washington. That portion of Puget's 100 foot wide fee owned right of way lying Easterly of the Easterly line of the Interurban Trail as it now exists,south of James Street and North of West Meeker Street, as shown outlined in red on the reverse side hereof, situated in the Northwest quarter of Section 24,Township 22 North, Range 4 East, W M 1 a 1 Term. Unless otherwise terminated pursuant to the terms hereof, the term of this Permit is ten (10)years beginning as of the date hereof 2 Rent. Permittee shall pay to Puget the sum of $1,000 00 payable in advance 3. Permittee's Use of Property is limited to: Recreational purposes including, but not limited to* 1. Current Uses. a) Two (2) Baseball Field b) Portable Bleachers (metal) c) Cyclone Fence Backstop and Side Fencing d) Two (2) Portable Sani-Cans e) Lawn Maintenance f) Lawn Play Field Area and 2. Future Uses a) Skateboard Park- in accordance with Plans and Specifications dated June 10, 1996 by Purkiss Rose-RSI b) Landscaping c) Other Appurtenances Relating To A Skateboard Park d) In the event lighting is added, the height of such lighting J shall not exceed 15 feet 1 ADDITIONAL USE OF THE PROPERTY REQUIRES PUGET'S PRIOR WRITTEN APPROVAL. 4. Limitations on Use. The Property is operating utility property of Puget and Puget may use same for the purposes of its utility business as fully as if this permit had not been given. Permittee shall not erect any building or structure of any kind on the Property, or use the Property for any purpose other than specified in paragraph 3 above. No blasting shall be done without Puget's prior written consent, and brush and stumps shall be burned only at the times and in the manner permitted by law and with due care not to injure any property. Permittee shall comply with all laws and ordinances applicable to the Property and Permittee's use thereof, and shall keep the Property free from any and all hens which might arise as a result of Permittee's use and occupancy of the Property. 5 Indemnity. Permittee agrees to indemnify and hold harmless Puget as provided herein to the maximum extent possible under law Accordingly, Permittee agrees for 1 itself, its successors and assigns to defend, indemnify, and hold harmless Puget, its officers, employees, agents, successors, and assigns from and against liability from all claims, demands, suits, and judgments including the cost of defense thereof for injury �@ttia! PERMIT FOR LIMITED USE OF OPERATING PROPERTY PERMIT NO. Page 2 to persons, death, or property damage which is caused by, arises out of, or is incidental to Permittee's exercise of rights and privileges granted in this permit provided that Permittee shall not be required to indemnify Puget against liability for injury or damages to the extent caused by or resulting from Puget's sole negligence In the event it is necessary for Puget to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from the Permittee 6. Assignment, Termination. This permit is not assignable and it may be terminated by Puget at any time upon sixty (60) days'written notice given to Permittee in person or by mail i 7. Restoration. Upon termination of this permit, Permittee shall remove any facility a which Permittee has placed upon the Property and shall otherwise restore the Property to as good a condition as it was prior to the installation of said facility on the Property. 8 Renew. This permit may be renewed upon mutual consent by Permittee and Puget. 9. Additional Terms and Conditions: o Access to Puget's existing and future facilities by maintenance equipment is not impeded. o No underground metallic fixtures or pipes installed o No construction within 50 feet of an existing structure, or 15 feet from an existing anchor o The new grade shall not decrease the clearance between the ground and the existing conductors o The mature height of any landscaping shall not exceed 15 feet o No structures or storage of material on the Right of Way o Fencing parallel with power lines needs a six (6) inch gap every 400 feet. EXECUTED as of the date First above written ACCEPTED: CITY OF KENT l/ PUGET SOUND POWE &LIGHT COMPANY By: k By Director Real Esta &Facilities Its � a Address. 220 4th Avenue South Kent, WA 98032-5895 Telephone No. 859-3994 t � i�slCCOf{►'IDYiQtLW1�l1liM6. I 1 24 - 22-- 4 oes . y sO _ _: s c�.crsr sc 7acrn �d� •!Ym/ j ww� i I I 'n 1 IW ,�. •.A E d �a V Z y I " O II I 0 0 I INTTRAIL i SI i I F$ v \ 0. SKRTC y QOi4 K0 iI ` N1 ro %f`f��',*ar—Via° ,.• �i•ram{- i PHKK ----- 1 e . ... d. ` �, � I,...�, •F KEN77701070442 L � 11 k �I °, Is't "�2 �.•i c...+ SP 76-30 p N I V OJ Ir N il SMITH S ,,.,., .., --�—..J .. IP Z 7 Z r III QHCKSiOY a - LEccR�u = : 2 =v =A �° QTa{11k SPNI-LtaN3 -0 p 4a al 17s dARR150t1 ST u V s 0"' •d el � 'I` l a o � p i �o - QLEFCHERS o f w a y I I b I'`DT 'III 7�.ni�1 ;� °`y ,n•�o� oDy'�"`°, 'ia l°w eYn Lf ,e �c ��b'o I ` BpLKSfOP w MEEKER 57 nr• a,a PUGET SOUND ENERGY The Energy To Do Great Things Puget Sound Energy PO Box 97034 Bellevue,VVA 99009-9734 PSE corn 1 April 26, 2011 Mr Brian Levenhagen City of Kent Park Planning and Development 220 Fourth Avenue South Kent, WA 98032 RE: PSE Right of Way - Kent Limited Use Permit No 24-22-04-0111 for Recreational Purposes Dear Brian: Since the language in the Indemnity paragraph has been resolved between the City and PSE, enclosed are three (3) copies of the Limited Use Permit noted above The permit, when fully executed by PSE, will allow you to continue to utilize our property for the purposes noted thereon Please have the appropriate individual sign and return to PSE, in the enclosed self addressed envelope, two (2) copies of the signed permit Also enclose the City's check, payable to Puget Sound Energy, Inc , in the amount of$2,000 00, which will be applied as rental for the full term of the permit Upon receipt of the signed permit and check PSE will sign and return a fully executed original to you for your records. If you should have any questions, feel free to call me in Bellevue at 425- 462-3029. Very truly yours, Li Wayne Bressler, SR/WA Corporate Facilities Department Enclosures PUGET A00A N PERMIT FOR LIMITED USE OF OPERATING PROPERTY PERMIT NO. 24-22-04-0111 THIS LIMITED USE PERMIT made this (nl day of N U( U%-7- 1996 by and between PUGET SOUND POWER & LIGHT COMPANY, a Washington Corporation ('Puget herein) and CITY OF KENT("Permittee" herein) Puget hereby grants permission to Permittee to use the following described real property (the "Property" herein) situated in King County, Washington. That portion of Puget's 100 foot wide fee owned right of way lying Easterly of the Easterly line of the Interurban Trail as it now exists, south of James Street and North of West Meeker Street as shown outlined in red on the reverse side hereof, situated in the Northwest quarter of Section 24,Township 22 North, Range 4 East, W M 1. Term. Unless otherwise terminated pursuant to the terms hereof, the term of this Permit is ten (10)years beginning as of the date hereof. 2 Rent. Permittee shall pay to Puget the sum of $1,000.00 payable in advance. 3 Permittee's Use of Property is limited to: Recreational purposes including, but not limited to 1 Current Uses. a) Two (2) Baseball Field b) Portable Bleachers (metal) c) Cyclone Fence Backstop and Side Fencing d) Two (2) Portable Sani-Cans e) Lawn Maintenance 1) Lawn Play Field Area and 2. Future Uses. a) Skateboard Park- in accordance with Plans and Specifications dated June 10, 1996 by Purkiss Rose - RSI b) Landscaping c) Other Appurtenances Relating To A Skateboard Park d) In the event lighting is added, the height of such lighting shall not exceed 15 feet ADDITIONAL USE OF THE PROPERTY REQUIRES PUGET'S PRIOR WRITTEN APPROVAL 4 Limitations on Use. The Property is operating utility property of Puget and Puget may use same for the purposes of its utility business as fully as if this permit had not been given. Permittee shall not erect any building or structure of any kind on the Property, or use the Property for any purpose other than specified in paragraph 3 above No blasting shall be done without Puget's prior written consent, and brush and stumps shall be burned only at the times and in the manner permitted by law and with due care not to injure any property Permittee shall comply with all laws and ordinances applicable to the Property and Permittee's use thereof, and shall keep the Property free from any and all liens which might arise as a result of Permittee's use and occupancy of the Property 5 Indemnity. Permittee agrees to indemnify and hold harmless Puget as provided herein to the maximum extent possible under law Accordingly, Permittee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless Puget, its officers, employees, agents, successors, and assigns from and against liability from all claims, demands, suits, and judgments including the cost of defense thereof for injury PERMIT FOR LIMITED USE OF OPERATING PROPERTY PERMIT NO. Page 2 to persons,death, or property damage which is caused by, arises out of, or is incidental to Permittee's exercise of rights and privileges granted in this permit provided that Permittee shall not be required to indemnify Puget against liability for injury or damages to the extent caused by or resulting from Puget's sole negligence In the event it is necessary for Puget to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from the Permittee. 6 Assignment, Termination. This permit is not assignable and it may be terminated by Puget at any time upon sixty (60) days'written notice given to Permittee in person or by mail 7. Restoration. Upon termination of this permit, Permittee shall remove any facility which Permittee has placed upon the Property and shall otherwise restore the Property to as good a condition as it was prior to the installation of said facility on the P roperty. B Renew. This permit may be renewed upon mutual consent by Permittee and Puget 9. Additional Terms and Conditions: o Access to Puget's existing and future facilities by maintenance equipment is not impeded o No underground metallic fixtures or pipes installed o No construction within 50 feet of an existing structure, or 15 feet from an existing anchor o The new grade shall not decrease the clearance between the ground and the existing conductors o The mature height of any landscaping shall not exceed 15 feet o No structures or storage of material on the Right of Way c Fencmg parallel with power lines needs a six (6) inch gap every 400 feet. EXECUTED as of the date first above written. ACCEPTED- CITY OF KENT PUGET SOUND POWE &LIGHT COMPANY By: A'YtY��e'-' c By G� — Director Real EstalA&Facdihes Its Address. , 220 4th Avenue South Kent,WA 9BO32-5895 Telephone No 859-3994 ,.. :4f87du 1TII7-__i1Z1911 Pi6. I., a•� 11 • 24 — 22— 4 — Y i I n 1 � � 1 � V Q Zlr � I i 8 P S I 10C 0 ++e ee I � I � o G INTE T?kIL Iv 7 d C 3 t\ £ q � < I QORY.D PRPKZCNSTGCP rz�� KEh77701070442 z ��-< e ; `� .l` •f..rr SP 76-30 0 I, Ik'OI t.e eN � I 4 ,• 9 v� ti„ TR a �r. 2C 4 "o FV µt vo 1` co Li r' SMITH ST `...... — -- a7...r IT 7_ r z III `QA 0 •J� h c 'At 2 j< �jr TOWc •+. ,,y� SPNI-'ANS �: ¢ 4d 3P al 0 5 �qti. �t pe o e ; Loris ,,.ST 0 s 4ARRISOCI v x 1 I �\ • •0 0°5 7 P I °t�1-CI tip( • 3 .. �t QLEPG4°PS a o J i o p f pll I r11�+ 'III ;v:� `•F a ;:col os' p Ir�tae �r i— s F�c. I:'�^,.I 6AGYSTUP W MEEKER ST. cc 6P Y SG 11 REQUEST FOR MAYOR'S SIGNATURE Please fill in all applicable boxes A' !CENT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) r Originator: Brian Levenha en o E I Phone: 5116 Date Sent: 5,14/2011 -,T>� �d� = Date Required: 5/18/2011 Return Signed Document to: Tony Donate CONTRACT TERMINATION DATE: Feb 28, 2020 t�i VENDOR NAME: Puget Sound Energy DATE OF COUNCIL APPROVAL: : Brief Explanation of Document: This is a ten year limited use agreement with Puget Sound Energy for the use of Uplands Playfields and Uplands extension The old use agreement expired Feb. 28 2010, and this is a continuation of that agreement. The terms are the same and they did not increase the rent. Vet cd c C All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received ;� EC � EE 1 Approval of Law Dept ;Hilt Law Dept Comments JUL 12 2011 1F.L t' .=i (�, „n-;f"�, i- -5�`- if r KENT OR D-EPT. <�t c_,� t�TrL�, Date Forwarded to Mayor Shaded Areas To Be Completed By Administration Staff Received: W E Recommendations and Comments: DITI i Disposition: 'l/Z71/i �� y �� y �— G¢ o C T1 Y GEV Date Returned r - �