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HomeMy WebLinkAbout1279cHUBB CHUBB GROUP OF INSURANCE COMPANIES 1211 Avenue of the Americas, New York, New York 10036-8777 • Phone: (212) 869-0900 CERTIFIED MAIL RETURN RECEIPT REQUESTED November 10, 1989 City Clerk City of Kent Kent, Washington Re: Principal: Bond Number: Type of Bond: Effective Date: Bond Amount: Dear Gentlemen: ta4 ee ,? " C/)- y -i 1989 U C�Tr CL'�Y Olympic Pipe Line 8028-14-72 Corporate Surety Bond 1/13/67 $20,000.00 Please be advised the Federal Insurance Company, as Surety on the captioned bond, hereby cancels this bond. The effective date of this cancellation shall be 90 days after your receipt of this letter. According to our interpretation of the cancellation provisions, this letter serves t.o fulfill any and all cancellation requirements. Very truly yours, FEDERAL INSURANCE COMPANY i Nicole Gumbs Enc.: Copy of Bond Surety Department cc: Alexander & Alexander Olympic PipeLine Company 1185 Ave of the Americas P.O. Box 900 New York, NY. 10036 Dallas, Texas 75221 Attn: Asst. Secretary -Treasurer OLYMPIC PIPE LINE CO. CORPORATE SURETY BOND BOND NO. 8028-14-72 KNOW ALL MEN BY THESE PRESENTS: THAT WE, OLYMPIC PIPE LINE -COMPANY, as Principal and Federal Insurance Company, a corporation, organized and existing under the laws of the State of New Jersey, as Surety, are held and firmly bound unto the City of Kent, Washington, in the sum of TWENTY THOUSAND AND N0/100 DOLLARS ($20,000.00) for the payment of which sum, well and truly to be made, we bind ourselves, our personal representatives, successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED this 3rd day of January , 1967. The Conditions of this obligation are such that whereas Principal is desirous of obtaining a franchise from the City of Kent, Washington, to lay down, construct, maintain, operate, replace, alter, remove and repair one pipeline, together with all equipment and appurtenances thereto for the transportation, storage, and handling of oil and any product or by-products thereof under, through, and below certain public right of ways and other public lands within the City of Kent, Washington, for the term of twenty-five (25) years from the taking effect of the City of Kent, Ordinance 1279 which is made a part hereof for all purposes. NOW, THEREFORE, if Principal shall, during the aforesaid term, faith - 1q. fully observe and honestly comply with such Ordinance, No. 1279, Rules and Regulations, and any Amendments thereto, and particularly with reference to Section 17 of said Ordinance No. 1279 which is incorporated herein and made a part hereof as require the execution of this bond, then this obligation shall become void and of no effect, otherwise to r6main in full force and virtue. This bond shall become effective January 13, 1967 replacing Clan CCQC future liability which may accrue against the Principal by -giving the Principal and the City of Kent written notice not later than ninety (90) days prior to the date of termination of suoh liability. PROVIDED, HOWEVER, that this bond may be continued from year to year by certificate executed bF the Surety hereon. OLYMPIC PIPE LINE COMPANY C. R. Thompso , Asst. Secretary-Tresurer COUNTERSIGNED: CHUBS & SON INC. Posldonl Awl, Seettlf, W10 FEDERAL INSURANCE COMPANY BY Kathryn K.. Sylvester.. 111. s....n.•...._�r+.-1�On4� followsa ORDINANCE O. / 2-? 4 ,AN ORDINANCE of the Ci.tY of K"t o 4ashington') RraAtina unto the OlYm ica Pipe Line COMP&nY* a corporation* its successors and assigns, thea right* privilege, authority and franchise to l.ay down;, construct, zaintain, oporate, re- placo o and repair one or name pipe 19.AO s, together with equipment and appurtenances thereto for the transportation, story o and handling, of oil and any by-product thereof under$ through and below certain designated roadways and public properties of the, City of K!ent, State of Washi.ngton. THE CITY C#3MCIL OF THE CITY Or KENT do ordain as section 1, There is hereby given and granted unto Olympic Pipe Line Company* a Delaware Corporation, its successors and assigns, for a period of twenty-five (26) years from the taking effect of this ordinance, the right, privilege, authority and franchise to la:y down, cOnstz uot, operate* maintains, s, replace $ alter% remove, and repair one pipe line t together with all equipment and appurtenances thare3to, for the transeportati.on, storage and handling of oil and any product or by-product thereof, under, below and through certain public~ right of ways and other publics lands within the City Of Kent, oashi.n ton, but such con- struction* installation and maintenance of any and all such pipe lines to be limited to a width of five (6) fOet (bink not to exceed thirty (30) feet during period of con- struction and repair) under, below and through said public right of ways and other public,.,properties located within the City of Kest, Washington, and sore particularly as tollows s STREET DISTANCE LOCATION Across S. 228th 6t. 60 feet 1764, E/CL 68th A►ve. Ss Across So 202nd St. 64 feet 426# E/CL 72nd Ave. S. Across S. 2146th St. 60 feet 4251 E/CL land Ave. S. "1.. STREET DISTANCE L OO#' Across So 212th St. So feet 19300 E/CL 68th .Ave. u. Across S. Smith pit. 60 feet 1900# Z/CL 66th Ave. S. Across W. Hooker St. 60 feet 1600 ML 86th Ave. �• Across We Willis 6t. 60 feet 7400 W/'Cl, 5th Ave. Across S. 2$8th at. 60 ,feet 13761 iii/CL 3rd Ave. Across S. 262nd St. 6o feet 23401 E/CL 70th .Ave. S. Across W. Jassesx St. 66 feet 1600, EfCL 68th Ave. S. Section 2. This franchise is granted upon the expressos condition goat it shall not be deemed or held to bQ an 0**CO ,u• sive franchise and shall not in aeny manner* prevent the City of Kent from granting other or further fraanchiss os in, along* over, through, under, below or aacroes any of said right of ways, strests> avenues or all other public lands and properties of every type and description; and suab franchise shall in no way prevent or prohibit the City of Kent from using &ny of said roads, streets or other public properties or affect its jurisdiction over them or any part of them, with full power to make all necessary changes* rel.ocaeti.ons t rspaaire, ve.jn eenance, establishments i mprovai-Aant, dedication of saIae as they may deem fit, including the dedication* establishments maintenance* and improvement of all new right of ways and thoroughf"es and other public properties of every types and description, Olympic Pipe Line Covpany, as 1L^+3nt+fdte herein, agreaa and covenants at its scale coast and expense,, to protects support, temporarily disconnects relocate or remove from any street any of its i:tstall:aations when so reequired by thO City of Kent by reason of traffic conditions* Public safety* street vacations, rdedi.castion$ of new right of ways and the establishment and i ftproveemtnt th-ar+eoaf, freeway consetruotion s change or establishment of street grana, or the constructi O n of en r publics improvement or structure by any Governmentaal agency acting in:°a Governnental c*%paac jty, provided that Grantee shall in &11. such cases have the privilege to -2- temporarily bypase s in the Authorized portion of the some Vtreset upon approval by the City of Kent, any section of piPe line required to be temporarily disconnected or removed, Section on S. All construction aAd installation work, wh+ Aover same crossass oo any of the public proportiesss described in Section 1 of this Ordinance* shall be doves under the ssup- orvisi on sof and under the inspection of the City* Engineer$ and Grantee shall tisseeely submit unto the City En ineer# prior to any such work, detailed plane and speci%soatisans Of any such proposed work. The location sof any franchised property in a street or other* public area shall bee subi*cat to the approval of the City Enginesr, anis such aapprovol shall be given, in writing. Section 4. This Ordinance ssh4ll be void if Grantee shall not within thirty days sof its Of'f ctivs date MO its written acceptances thereof with the Clerk of the City of Kent. .All costs of publication for said franchisee aball be borne $ in addition to all othor fsoa t by Grantee. section S. The Grantee, its successors or assigns, sshal:l, commence construction work under this franchise within one year from and after the date of passsa.gt thereof, and all such work shall be conpleted with the 17greatestamount sof i4ispatch sea as to reduce any interference with vehicular and pedestrian traaffie3 and the public safety and welfare tO ca minimum# if at the end sof three years from and after the granting of this franchise* the Grasntee $ Its successors or assigns* * shall not have laid $ constructed and have. in opera- tion upon any of the aforesaid streets and right of ways such pipes and appurtenances thereto„ then in that event, the rights hereby conferred upon the Grantees shall automa- tically cease the terminate. Section 6. All pipe and other components of any pi pe ,no* and appurtenance thereto* to be placeed0, within any street right of we►y or OthOr Public Property shall. be designed, manufactured and installed in accordanoo and in Pull aompliane;e with the provisions and terms of the *American Standard Cad* for Pressure Piping" (ASA .3 32.4-1952) as published by the Americasan, Soaxiety of ?!echanicxal. :En. inears, and ars said Card* may b* amended from time to,,) time. The opor&ti.n ,ser servi.ca pressure for which they are desi ned shall be the maximum even-shock * internal pressure that may occur either under conditions ons of year-round operation or under static conditions with piper liner fi.11aed but with ars fluid flow. All such pipes lines, fitting s and uppurtenr ces thereto to be placed within public right of ways or ether pub- lie property Shall b® unused products. After initial installation of any pipe under this franchise* such pipe shall be subjected to as pressures test Ras provided for in the aforesaid Code unci within the pressure limitations de writhed therein before such pips is placed in operation and the results of any Ruch tests shall be submitted to the City in writing. turthereore, after repair or reaplacazent Of any pipe„ the portion so affecatsd of such pipe between s6catiOn4- li.si.ng vaeivessr shall be subjected to a pressure test as herei.naboae spat forth; provided* howaVer`rs that no crural- test is required for any minor repairs which do not require removal of the PiPe line from operation. Section 7. During any ;period of construction all ssurfaco structuress $ if any„ shall be erected and used in such platub 3cAd pos itio" within said public right of wars and other* public pr►opssrti.es so As to interfere as little ars possible with the free passage of traffics and the free use 4f .04- adjoining property, and Grantee shall, at all times pont and maintain proper barricades during such period of con- struction as required by the laws and statutes Of they State of lWaeshington. >Al pigee lines constructed and installed by Grantee within the City of Kent shad be located,, buried and installed to a depth of not less than four feet and ars otherwise provided for in the aforesaid Cedes the laws of the State of Vla shington o and the Ordinances 4f the City Of Kent, now or hereafter in farces regulating such installa- tions. Grantee shall establish and maintain at All tires adequate f&eiliti+es on the portion of each pipe line instal- led under the authority of this franchise* and elsewhere on the pipe line,, to promptly localize operating troubles and to mini so the eff'eOta the reeof$ whether on City streets or on their use by the public. Every portion of pipe liana when installed or replaced under authority of this franchisee shall contain adequate, cathodic protection* and such pipe line shall furtherer be protected by section.ali ting block valves spaceed at 00 greater distance thasn prescribed by the aforesaid Codec. If at any ti.seee during the term of this franchise, proUcti vee or seecati onaili zi Ag facilities j n any pip* line are found to be i naa►desquate $ Grantee hereby agrees and convemantss at its sewn expense and costs, to wake s uah changes as may be required by the City of Keent. Se , ati-on S. Graenteee $ its successors and assigns* hereby agrees and cov+enaent$ to promptly repair any damage to City property of every type and nature aanai all other City improvements caused by the failure of Grantee+* se work during the life of this franchisee; should it be necessary to rake, any excavation within any publics right of way in the layiae ., consetructin,q, maintenance, r000vi.n , replacing„ esl.te,ringj or raepai.ri,n , of any such pipe line or st>rucsture v Grantee shall without delay and at ranteee*$ sale recast end expense, restore the surface of said right of way or other public property to at lGant the condition an same was in immsdiatftly prior to any ouch installation and construction. Grantee ssehall, comply witte all Ordinances and regulations of the City of Dent o Washington:` regarding; such excavation and wherever deemed nec +esssaaery by tho City Engineer saha.11 be required to post a performance bond in favor of the City of Kant werrant- ing, among other th3 ng$ % that south rosctoration work shall be done promptly and in a proper, workmanlike ssanAeer?. Section S. erantgel its successors and assigns, agrees and covenants to indemnify and hold harmless the City of Kant from and against any and all liability, lass, cosrts, dansg*, weather to person or property* or expense of any type or nature which may accrue to the City by reason; of the constructions operation, maintenance, repair, and Ateration of Grantees'se faoilitissl provided, howeverx that in case any suit or action is instituted dRa,i nst the City by reason of any such damage or injury, the City shall cause written notice thereof tO be given unto Crantear, and Grantee thereupon shall havethe duty to defend any such suit or action* * without cost or expense to the City. Section lel. Fox the purpose of eo"lling compliaenao by the Grantee with all the terms and c0n€iitii.vns of this franchise and the se4i.nt4nancee of said. pipe lines and facilities in good condition v City retains the right to end and terminate and fully forfeit thee franchise haerein granted, within thirty days after written noticca unto GrantOs s whenever grantee fails to comply with: any of the terms and conditions hereof, Upon such h forfei.ture s the City shall -6-.0 have the right to require (r&nt8e to renovea any and all of its pipes, appurten sCeer and squipmOnt within, the City of Kanto all at Grantee's crest and expeusas * and to promp'tlY and timely restore all roads and other public properties to their condition immediately prior to any such forfeiture and termination* Section 11. The City of Kent reserves unto itself the right and power at all times tca reasonably regulate in tho public interest and for the public welfare the e"roi see of all franchise rights mnte>ed heroin. section 12. The layi.;npe constructi.n $ in*tallati.oanw maintenance and opeasratjon of said pipe lines and facilities in connection therewith shall not preclude the C'i'ty Of Kanto its authorized &9eants s contractors and representatives from blastiAg, grading% excavating or doing other necessary or publics vorks overe unto, abutting, or contiguous tea Grantee's pipe liner or facilities, provide>rd o howearveer, that Grantee shall be given forty—eight hours wri't'ten notice Of any such blasting* grading or excavating so that Grantee may taker proper steeps to protect its pipe Zine and faci.liti OS. Soctinn l3. Grantee further agreees to install and. maintain at all time$ d:zri.ang the life of this franchise automatic shutoff and safety V41vees at pUMping stations locations where adequate maintenances crease shall be$ avail ablee t in addition to which asrdoquaatse fire equipment shall be provided for at all paints of Grantee $ $ Systesi. section 3,4. Grantee shall have no roaOursea whatsoever against the City Of Kent for any laser, costa, expense or da &O arising out of any provision or requirement of this franchises or the eanforcament thereof, This franchise dOas not relieve the Crani** of any requirement of anY City .07. Ordinances male or regulation 011- a speCIficetiOn fly' the City of Kent s including ybut not limited to any requirement relating to street works s street excavation permits and .foes therefor„ or the uses removal or relocation of proporty and streets. No privilege nor o"mption is granted or oonferred untoGrants* by this franchise except those sptee^ULCac3.1y prescribed haemin„ and any such privilege claimed under this franchise by the Grants* in any street shall be subordinate to any prior lawful oc oupancy of the $treat or any sabsre quesnt improvement or installation therein, Grantee further agrees to :submit unto the City periodic reeports $ at iaast s+emi- aannual,l.y# of any pressure 'tester made pursuant to provisions of this fr"chi.see showing the date of thatest,, description of portion of pipe line tested„ identified with respect to the City's street routes &n4 toot data sufficient in detail to permit &nal.ysi.s of test results and determination of compl,i4nce with the aforesaid Code. 5+earatia xs 1l�°. In the event th* use 01 any .Tx�sc- chised property is p4rnanontly discontinuodg or no francbisee has been obtained therefor up*n expiration of this franchises or within thirty days after any termination of this ,franchise, then Grantee shall promptly remove from the streets and ether properties all of its facilities, dtheers^ than any the City may permit to be temporarily or permanently abandoned. Section IS. On or before the lot day of January of each your during the team of this franchise,, Grantee shall pay unto the City, in consideration of the isauance of this franchise„ as sure equal to the totasl number of lineal feet Of pipe line in streets located within the City Limits of Kent are the is't day of January of each gear, multiplied by the rate of $-06 ($.0S per lineeal, foot) but the minimum suss to be � 8 •• paid to the City annually will not be bass than M-00- 17, -00. 17. The Gra ntoea shell w within ton days after the award of this franchises file with the City Clerk &nd at all times thereafter maintain in full force and effect an acceptable corporate surety bona in duplicate effective for the entire term of this franchises and eon' di— tio ned that in the event Grantee Ohdll fail to cOmply with any tine or more, of the provision$ of this franchise then theare *hall be recoverable jointly and severally from the principal aA4 surety of such bond any damages suffered by the City ae a result thereof* including the full remount of any coinpeensa- tionu indemnification or cost of removal or abandonment of properties hereinabove deascribeed t up to the full amount of the said bond; said condition to be a continuing obligation for the duration of this franchise and thereafter until the Grantee has liquidated all of its obligations with the City of Kent or which may have arisen from the acceptance of such franchise by t1lee Grantee or from its exercise of any privilege herein granted. The bona i.nitiallY filed in accordance with the requiromont of this Section shall be in the amount Of Twenty Thousand Dollars. In the event of substantial changer in that voluroee of street apace occupied by franchise; properties y the City may permit or may require a corresponding change: in the amount of such bond. Neither the provisions of this Section or any bond aacceeptod by the City pursuant thereto* nor any damages rec*vored by the City thereunder shall be construed to excuse faithful,performance by the Grantee or to limit the liability of the Grantee under the franchise or for damages, whether to the City or so beres of 'the public generallyl, either to the full amount of the bund or otherwise* section i$. Upon the aoceptaanC4 Of this ordinance and they franchise privileges granted hereint the Grantee shall., during the term of this franchise, regularly and subleact to t)ae supervision of the Kent City r nSinear Glean and ,keep clear from all dust and debris th098 public rights of way and other public properties as Got f'ortIl in Section I of this ordinance. Section 19. Tals Ordindace shall takes effect and be in foree only afters () it has been first submitted to than City Attorney 6 and (8) It is introduced at a regular meeting of the Cent Catty Council; and (C) It is passed sopors favorably at a subseg4ent regular vaeting of this Kest Citi' Council by at lease five (S) members thereof; and (D) It is published at least once in a legal rtsws- paaper published .in the City of Kent,, Washington. ATTEST A APPROVED AS TO ]FORA I SUBMITTED to City Attorney on the 9th day of DeCOW-berg 1264 - INTRODUCED Iths �.2—day of APPROVED the ,.,.:�-� they Of � � �, 196 PUBLISHED the .........mw.`"`ay of s 196. .10«.