HomeMy WebLinkAboutPK11-339 - Extension - Puget Sound Energy, Inc. - Permit for Land Use of Interurban Trail at James Street and West Meeker Street - 02/19/2020 Agreement Routing Form
• For Approvals,Signatures and Records Management
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
WASHINGTON (Print on pink or cherry colored paper)
Originator: Department:
LynnOsborn for Terry Jungman Parks
Date Sent: Date Required:
> 2/19/2020 Soonest possible please
0
QAuthorized to Sign: Date of Council Approval:
Q ❑Director or Designee 0 Mayor N/A
Budget Account Number: Grant? []Yes 0 No
N/A-Not Montetary
Budget? ❑Yes ❑ No Type:
Vendor Name: Category:
Puget Sound Energy Other
Vendor Number: Sub-Category:
137336
0
Project Name: Permit for Limited Use of Property at Uplands Ballfields & Extension
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c Project Details:allowing recreational use of their property Incl. Ballfields, Rotary Basketball
+, Court and Lions Skate Park
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E Agreement Amount: $0.00 Basis for Selection of Contractor:
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Start Date: 02/28/2020 Termination Date: 02/27/2030
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Local Business? ❑Yes El No* 9
*If meets requirements per KCC3.70.700,please complete'Vendor Purchase-Local Exceptions'form on Cityspace.
Notice required prior to disclosure? Contract Number:
❑Yes ElNo PK11-339
Date Received by City Attorney: Comments:
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pm Date Routed to the Mayor's Office:
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Date Routed to the City Clerk's Office: 7 City of Kent
Visit Documents.KentWA.gov to obtain copies of all agreements
PUGET SOUND ENERGY
The,Energy To Do Great Things
PERMIT FOR LIMITED USE OF OPERATING PROPERTY
PERMIT NO. 24-22-04-0111
THIS LIMITED USE PERMIT made this day of Lehrvary , 20cW("Effective
Date") by and between PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein) and
City of Kent ("Permittee" herein).
In consideration of the mutual promises of the parties and for other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
1. Property. PSE hereby grants permission to Permittee to use the real property described on Exhibit
"A" attached hereto and incorporated by this reference (the "Property" herein) situated in King County,
Washington, subject to the terms and conditions of this Permit.
2. Term. Unless otherwise terminated pursuant to the terms hereof, the term of this Permit shall be
February 28, 2020 and will expire on February 27,2030 years (the"Term").
3. Rent. This Permit is granted for and in consideration of mutual benefits to be derived therefrom.
For purposes of RCW 4.24.210, no fee of any kind is being charged for this Permit("Rent").
3. Use. Permittee may use the Property for recreational purposes including, but not limited to: Two
(2) baseball fields, portable metal bleachers, cyclone fence backstop and side fencing, two (2) portable
sani-cans, lawn maintenance, lawn play field area, skateboard park (in accordance with plans and
specifications dated June 10, 1996, by Purkiss Rose— RSI), landscaping, other appurtenances relating to
a skateboard park, 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). In the event
lighting is added, the height of such lighting shall not exceed 15 feet.. ANY ADDITIONAL USE OF THE
PROPERTY REQUIRES PSE'S PRIOR WRITTEN APPROVAL, WHICH PSE MAY WITHHOLD IN ITS
SOLE AND ABSOLUTE DISCRETION. Permittee acknowledges that the Property is an operating utility
property of PSE and that 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 this Paragraph. 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.
4. Indemnity; Environmental.
a. General Indemnity. Permittee acknowledges that the Property is subject to the hazards
incident to the operation of electric and gas utility systems. Permittee hereby agrees that PSE shall not be
liable for (i) any damage, injury, loss, expense or death suffered by Permittee or Permittee's agents,
employees, permittees, assignees, invitees, or contractors (collectively, the "Permittee Parties") on the
Property, or (ii) any damage, injury, loss, expense or death suffered by third parties, resulting from the use
of the Property. Permittee will defend, indemnify and hold PSE and its affiliates, agents, servants, directors,
officers and employees (the"PSE Parties") harmless from and against any and all losses, claims, demands,
actions, fines, suits, damages, penalties, liabilities, expenses, and costs (including, without limitation,
reasonable attorneys' fees) resulting from allegations or claims brought against PSE or the PSE Parties
occasioned by (i) injuries or damages to any person or entity or damage to, or theft or loss of, property
occurring in or about the Property caused by Permittee's or any Permittee Party's use of the Property, or
(ii) any actual or alleged breach of this Permit by Permittee.
b. Environmental Indemnity. Permittee will defend, indemnify and hold PSE and the PSE
Parties harmless from and against any and all losses, claims, demands, actions, fines, suits, damages,
penalties, liabilities, expenses (including, without limitation, remediation, removal, repair, corrective action,
or cleanup expenses), and costs (including, without limitation, reasonable attorneys' fees, consultant fees,
or expert fees)which are brought or recoverable against, or suffered or incurred by PSE or any PSE Parties,
which arise from or relate in any way to Hazardous Materials that are brought onto the Property by Permittee
or any of the Permittee Parties. As used herein, "Hazardous Materials" means and includes any substance,
material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental
Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids,
liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas);
and "Environmental Requirements" means and includes all applicable present and future statutes,
regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental
authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about
the Property or the environment, including, without limitation, the following: the Comprehensive
Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act;
the Model Toxics Control Act, and any regulations or policies promulgated or issued thereunder.
c. General Provisions. Without limiting the generality of the foregoing, for purposes of the
indemnities provided pursuant to this Permit, Permittee hereby waives its immunity under the Washington
State Industrial Insurance Act, Title 51 RCW, and all other applicable industrial insurance/worker's
compensation acts or their equivalent in the applicable jurisdiction. In case any action or proceeding is
brought against PSE or any PSE Party and such claim is a claim from which Permittee is obligated to
indemnify pursuant to this Section, then Permittee, upon notice from PSE, shall resist and defend such
action or proceeding with respect to that claim (by counsel reasonably satisfactory to PSE) at Permittee's
expense. The furnishing of insurance required hereunder will not limit the Permittee's obligations under
this Section. The obligations of Permittee under this Section will survive termination or expiration of this
Permit.
Signature Date
6. Assignment; Termination. This Permit is not assignable. PSE may terminate this Permit for any
reason upon thirty (30) days' notice to Permittee.
7. Surrender and Holdover. Upon expiration or earlier termination of this Permit, Permittee shall
remove any personal property or 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 issuance of this Permit. If Permittee remains
in possession of the Property after the expiration or earlier termination of the Term, such possession will
be month-to-month at a rate of 150% of the Rent.
8. Default. Permittee will be in default if Permittee fails to (a) pay any amount due under this Permit
within 5 days after such amount is due, or(b) comply with any other provision of this Permit within 10 days
after receipt of notice, provided that where any such default cannot reasonably be cured within a 10 day
period, Permittee will not be in default if Permittee commences to cure the failure within the 10 day period,
and thereafter diligently pursues the cure (but in no event shall such extended cure period exceed sixty
(60) days). If Permittee is in default pursuant to this Section, PSE may terminate this Permit immediately
upon notice to Permittee and/or pursue any other remedies at law or in equity.
9. Consequential Damages. PSE will not be liable to Permittee for consequential damages, such
as lost profits or interruption of Permittee's business.
10. No Waiver. No waiver by PSE of any provisions of this Permit is a waiver of any other provisions
hereof or of any subsequent breach by Permittee.
11. Miscellaneous. This Permit is governed by the laws of the State of Washington, excluding its
conflicts of law rules. If any provision of this Permit is determined by any court or governmental authority
to be unenforceable, the parties intend that this Permit be enforced as if the unenforceable provisions were
not present and that any partially valid and enforceable provisions be enforced to the extent that they are
enforceable. This Permit constitutes the complete and final agreement of the parties pertaining to the
Property and supersedes the parties' prior agreements, understandings and discussions relating to the
Property. No modification of this Permit is binding unless it is in writing and signed by PSE and Permittee.
This Permit may be executed in any number of counterparts, each of which will be deemed an original and
all of which counterparts together constitutes on agreement with the same effect as if the parties had signed
the same signature page.
EXECUTED as of the date first above written.
ACCEPTED:
City of Kent, Parks & Recreation Puget Sound Energy, Inc.
By: 7D3By:
Dana-Ralph, 9a-yor4,1 City AKent Scott Milne, Real Estate Representative
Mailing Address: City of Kent
Attn: Lynn Osborn, Parks & Rec.
220 4th Avenue South
Kent, WA 98032-5895
Phone: Lynn Osborn, (253) 856-5111
Email: losborn a-kentwa.gov
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Exhibit "A"
THAT PORTION OF PSE'S 100'-WIDE FEE OWNED RIGHT-OF-WAY LYING WITHIN THE NORTHWEST QUARTER OF
SECTION 24,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M.,AS APPROXIMATELY OUTLINED IN YELLOW ON THE MAP
BELOW.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
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