CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
AN ORDINANCE relating to a pedestrian skybridge over and across Post Avenue, south of Seneca Street; amending Ordinance 117590, as amended by Ordinance 121855; updating the insurance and bond requirements; amending the annual fee and other terms and
conditions of the permit; renewing the term of the permit to the Colonial Grand Pacific Building Owners; providing for the acceptance of the permit and conditions; and ratifying and confirming certain prior acts.
WHEREAS, by Ordinance 117590, the City of Seattle granted the Colonial Grand Pacific Building Owners permission to operate and maintain an existing pedestrian skybridge over and across Post Avenue, south of Seneca Street, for a tenyear term, renewable
for two successive ten-year terms; and
WHEREAS, the conditions of Ordinance 117590 were amended by Ordinance 121855; and
WHEREAS, the permission authorized by Ordinance 117590 was due for renewal on January 19, 2013; and
WHEREAS, the Colonial Grand Pacific Building Owners submitted an application to the Seattle Department of Transportation Director ("Director") to renew the permission granted by Ordinance 117590 as amended by Ordinance 121855 for a tenyear term; and
WHEREAS, the Colonial Grand Pacific Building Owners satisfied all terms of the original authorizing ordinance and the Director recommends that the term permit be renewed for ten years subject to the terms identified in this ordinance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The permission granted to the Colonial Grand Pacific Building Owners by Ordinance117590 and amended by Ordinance 121855, to maintain and operate a pedestrian skybridge over and across Post Avenue, south of Seneca Street, is renewed for a
ten-year period starting January 20, 2013, and ending at 11:59 p.m. on January 19, 2023, upon the terms and conditions set forth in Ordinance 117590, as amended by Ordinance 121855, and as further amended by this ordinance.
Section 2. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of Ordinance 117590, as amended by Ordinance 121855, are amended as follows:
1. Permission. Subject to the terms and conditions of this ordinance, the City of Seattle ("City") grants permission (( is hereby granted )) (also referred to in this ordinance as a permit)
to the Colonial Grand Pacific Building Owner ' s Association , and its successors and assigns (( ("Permittee") )) as approved by the Director of the Seattle Department of Transportation ("Director")
according to Section 12A of this ordinance (the party named above and each such approved successor and assign is referred to as "Permittee"), to maintain(( , )) and operate a pedestrian skybridge ("skybridge")
over and across Post Avenue, south of Seneca Street , connecting the Colonial Grand Pacific Building at 1119 First Avenue with a parking garage at 1108 Western Avenue. (( Said pedestrian )) The skybridge is
(( six )) 6 feet wide, (( twenty-six )) 26 feet long, approximately (( twenty-nine )) 29 feet above the maximum grade of the street, and
situated approximately (( seventyeight )) 78 feet south of the centerline of Seneca Street(( . )) , adjacent in whole or in part to the property legally described as:
LOTS 2 AND 3 IN BLOCK C OF ADDITION TO THEY TOWN OF SEATTLE, AS LAID OUT BY A.A. DENNY (COMMONLY KNOWN AS A.A. DENNY'S FIRST ADDITION TO THE CITY OF SEATTLE), AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 27A, RECORDS OF KING COUNTY:
EXCEPT THE EASTERLY 9 FEET THEREOF CONDEMNED IN TERRITORIAL DISTRICT COURT CAUSE NO. 7092, FOR WIDENING OF FIRST AVENUE, AS PROVIDED BY ORDINANCE NO. 1129 OF THE CITY OF SEATTLE;
TOGETHER WITH LOTS 1 AND 2 IN BLOCK 184 OF SEATTLE TIDE LANDS;
SITUATE IN THE CITY OF SEATTLE, COUNTY OF KING, STATE OF WASHINGTON.
2. Term. The permission (( herein )) granted to the Permittee(( , its successors and assigns shall be )) is for a term of ten (( (10) )) years,
(( , commencing )) starting on January 20, 1993 and (( terminating )) ending at 11:59 p.m. on the last day of the tenth year(( ; provided, however, that upon
)) . Upon written application (( of )) made by the Permittee at least (( thirty (30) )) 180 days before expiration of the term, the Director ((
of Transportation ("Director") )) or the City Council may (( by resolution, )) renew the permit (( for two (2) )) twice, each time for a successive ten
(( (10) )) year (( terms, provided further that the total term of the permission as originally granted and thus extended shall not exceed thirty (30) years )) term , ((
provided further that the total term of the permission as originally granted and thus extended shall not exceed thirty (30) years, )) subject to the right of (( T )) t he City (( of Seattle
("City") )) to require the removal of the skybridge or to revise by ordinance (( to then revise )) any of the terms and conditions (( contained herein )) of the
permission granted by this ordinance. The total term of the permission, including renewals, shall not exceed 30 years. The Permittee shall submit any application for a new permission no later than 180 days prior to the expiration of the then-existing
term.
3 A . Removal for public use or for cause. The (( permit )) permission granted (( hereby )) is subject to (( primary and secondary )) use of
the street right-of-way or other public place (collectively, public place) by the City and the public for travel (( and utilities )) , utility purposes, (( and the )) and
other public uses or benefits. The City expressly reserves the right to deny renewal, or terminate the permission at any time prior to expiration of the initial term or any renewal term, and require the Permittee to remove the
(( pedestrian )) skybridge , or any part thereof or installation on the public place, at the Permittee's sole cost and expense in the event that:
(a) The City Council determines(( , )) by ordinance(( , )) that the space occupied by the (( pedestrian )) skybridge is necessary for any (( primary and
secondary )) public use or benefit or that the (( pedestrian )) skybridge interferes with any (( primary and secondary )) public use or benefit; or
(b) The Director (( of Engineering ("Director") )) determines that use of the skybridge has been abandoned; or The Director determines that any term or condition of this ordinance has been violated , and the
violation has not been corrected by the Permittee by the compliance date after a written request by the City to correct the violation (unless a notice to correct is not required due to an immediate threat to the health or safety of the public) .
A City Council determination that the space is (( necessary )) needed for , or the skybridge interferes with, a (( primary and secondary )) public use or benefit ((
shall be )) is conclusive and final without any right of the Permittee to resort to the courts to adjudicate the matter .
3B. Protection of utilities. The permission granted is subject to the Permittee bearing the expense of any protection, support, or relocation of existing utilities deemed necessary by the owners of the utilities, and the Permittee being responsible
for any damage to the utilities due to the construction, repair, reconstruction, maintenance, operation, or removal of the skybridge and for any consequential damages that may result from any damage to utilities or interruption in service caused by any
of the foregoing.
4. Permittee's obligation to remove and restore. (( In the event that )) If the (( permit )) permission granted is not renewed at the expiration of a term , or
if the permission (( hereby )) expires without an application for a new permission being granted (( extends to its termination in thirty (30) years )), or if the City
(( orders )) terminates the permission, then within 90 days after the expiration or termination of the permission, or prior to any earlier date stated in an ordinance or order requiring removal of the ((
pedestrian )) skybridge (( pursuant to the terms or this ordinance, then within ninety (90) days after such expiration, termination or order of removal, or prior to the date stated in an "Order to Remove", as the case may be,
)) ; the Permittee shall , at its own expense, remove the (( pedestrian )) skybridge and (( shall place )) all of the Permittee's equipment and property from the
public place and replace and restore all portions of the (( street )) public place that may have been disturbed for any part of the (( structure, )) skybridge. The public place
shall be replaced and restored in as good condition for public use as (( they were )) existed prior to construction(( , )) of the skybridge and in at least as good condition
in all respects as the abutting portions (( thereof )) of the public place as required by the Seattle Department of Transportation ("SDOT") right-of-way restoration standards . (( Whereupon, the Director
shall issue a certificate discharging the Permittee from responsibility under this ordinance for occurrences after the date of such discharge. ))
Failure to remove the skybridge as required by this section is a violation of Chapter 15.90 of the Seattle Municipal Code (SMC) or successor provision; however, applicability of Chapter 15.90 does not eliminate any remedies available to the City
under this ordinance or any other authority. If the Permittee does not timely fulfill its obligations under this section, the City may in its sole discretion remove the skybridge and restore the public place at the Permittee's expense, and collect such
expense in any manner provided by law.
Upon the Permittee's completion of removal and restoration in accordance with this section, or upon the City's completion of the removal and restoration and the Permittee's payment to the City for the City's removal and restoration costs, the
Director shall then issue a certification that the Permittee has fulfilled its removal and restoration obligations under this ordinance. Upon prior notice to the Permittee and entry of written findings that it is in the public interest, the Director
may, in the Director's sole discretion, conditionally or absolutely excuse the Permittee from compliance with all or any of the Permittee's obligations under this section.
5. Repair or reconstruction. The skybridge shall remain the exclusive responsibility of the Permittee and the Permittee shall maintain the skybridge in good and safe condition for the protection of the public. The Permittee shall not
(( commence reconstruction, relocation, readjustment )) reconstruct or repair (( of )) the (( pedestrian )) skybridge except (( under the
supervision of, and )) in strict accordance with plans and specifications approved by(( , )) the Director. The Director may, in (( his/her )) the Director's
judgment (( may )) , order (( such reconstruction, relocation, readjustment or repair of )) the (( pedestrian )) skybridge reconstructed or repaired at
the Permittee's (( own )) cost and expense because of : the deterioration or unsafe condition of the (( pedestrian )) skybridge(( , grade separations, or ))
; the installation, construction, reconstruction, maintenance, operation , or repair of any (( and all )) municipally owned public utilities(( , )) ; or for any other
cause.
6. Failure to correct unsafe condition. After written notice to the Permittee and failure of the Permittee to correct an unsafe condition within the time stated in the notice , the Director may order the ((
pedestrian )) skybridge be closed or removed at the Permittee's expense if the Director deems that (( it )) the skybridge has become unsafe or creates a risk of injury to the public.
(( In a situation in which )) If there is an immediate threat to the health or safety of the public, a notice to correct is not required.
7. Continuing obligations. Notwithstanding termination or expiration of the permission granted, or closure or removal of the (( pedestrian )) skybridge , the Permittee shall remain bound by all of
its (( obligation )) obligations under this ordinance until(( :
(a) the pedestrian skybridge and all its equipment and property are removed from the street;
(b) the area is cleared and restored in a manner and to a condition satisfactory to the Director; and
(c) the Director certifies that the Permittee has discharged its obligation herein.
Provided, that upon prior notice to the Permittee and entry of written findings that such is in the public interest, the Director may, in his/her sole discretion, excuse the Permittee, conditionally or absolutely, from compliance with all
or any of the Permittee's obligations to remove the pedestrian skybridge and its property and restore disturbed areas. )) the Director has issued a certification that the Permittee has fulfilled its removal and restoration obligations
under Section 4 of this ordinance. Notwithstanding the issuance of that certification, the Permittee shall continue to be bound by the obligations in Section 8 of this ordinance and shall remain liable for any unpaid fees assessed under Section 13C of
this ordinance.
8. Release, hold harmless, indemnification, and duty to defend. (( The pedestrian skybridge shall remain the exclusive responsibility of the Permittee. )) The Permittee, by (( its
acceptance )) accepting the terms of this ordinance (( and the permission hereby granted, does release )) , releases the City , its officials, officers, employees, and agents
from any and all claims , actions, suits, liability, loss, costs, expense, attorneys' fees, or damages of every kind and description arising out of or by reason of the skybridge or this ordinance, including but not limited to claims
resulting from injury, damage , or loss to (( its own )) the Permittee or the Permittee's property (( and does covenant and agree for itself, its successors and assigns, with The City of
Seattle )) .
The Permittee agrees to at all times (( protect and save )) defend, indemnify, and hold harmless (( T )) t he City (( of Seattle )) , its
officials, officers, employees, and agents from and against all claims, actions, suits, liability, loss, costs, expense , attorneys' fees, or damages of every kind and description , (( (
))excepting only (( such )) damages that may result from the sole negligence of the City(( ), which )) , that may accrue to, be asserted by, or be suffered
by(( , )) any person or (( persons and/or )) property (( or properties, )) including , without limitation, damage , death, or injury to ((
the Permittee, its )) members of the public or to the Permittee's officers, agents, employees, contractors, invitees, tenants (( and )) , tenants' invitees, licensees , or
(( their )) successors and assigns, arising out of or by reason of :
(a) the existence, condition, construction, reconstruction, modification, maintenance, operation (( or )) , use , or removal of (( said City street, alley ))
the skybridge or any portion thereof, or (( by reason of the maintenance, operation or )) the use (( of said City street, alley )) , occupation, or restoration of the
public place or any portion thereof(( , or by reason of )) by the Permittee or any other person or entity;
(b) anything that has been done(( , )) or may at any time be done(( , )) by the Permittee(( , its successors or assigns, )) by reason of this
ordinance(( , or by reason of )) ; or
(c) the Permittee(( , its successors or assigns, )) failing or refusing to strictly comply with (( each and )) every provision of this ordinance; (( and if ))
or arising out of or by reason of the skybridge or this ordinance in any other way.
If any (( such )) suit, action , or claim (( shall be )) of the nature described above is filed, instituted , or begun against the City, the
Permittee(( , its successors or assigns, )) shall(( , )) upon notice (( thereof )) from the City(( , )) defend the (( same
)) City, with counsel acceptable to the City, at (( its or their )) the sole cost and expense of the Permittee , and (( in case )) if a judgment
(( shall be )) is rendered against the City in any suit or action, the Permittee(( , its successors, or assigns, )) shall fully satisfy (( said )) the
judgment within 90 days after (( such )) the action or suit (( shall have )) has been finally determined, if determined adversely to the City. (( Provided that if
)) If it is determined by a court of competent jurisdiction that Revised Code of Washington ( RCW ) 4.24.115 applies to this ordinance, then in the event claims or damages are caused by or result from the
concurrent negligence of(( : (a) )) the City, its agents, contractors, or employees(( ; )) , and (( (b) )) the Permittee, its agents, contractors, or
employees(( or their successors or assigns )), this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Permittee or the Permittee's agents, contractors, or
employees(( or their successors or assigns )).
9 A . Insurance. For as long as the Permittee(( , its successors or assigns, shall exercise )) exercises any permission granted by this ordinance and until the (( skybridge is entirely
removed from its location as described in Section 1 or until discharged by order of the )) Director (( as provided in )) has issued a certification that the Permittee has fulfilled its removal and
restoration obligations under Section (( 7 )) 4 of this ordinance, the Permittee shall obtain and maintain in full force and effect, at its own expense, insurance (( policies which protect against
)) and/or self-insurance that protects the Permittee and the City from claims and risks of loss from perils that can be insured against under commercial general liability (CGL) insurance policies in conjunction with:
(a) construction, reconstruction, modification, operation, maintenance, use (( or )) , existence , or removal of the skybridge (( permitted by this ordinance and of any and
all portions )) or any portion thereof, as well as restoration of any disturbed areas of the public place in connection with removal of the skybridge;
(b) the Permittee's (( activities )) activity upon or the use or occupation of the (( areas )) public place described in Section 1 of this ordinance(( ,
as well as )); and
(c) (( any and all )) claims and risks in connection with (( any activity )) activities performed by the Permittee by virtue of the permission granted by this ordinance.
Minimum insurance requirements (( shall be an occurrence form policy of commercial general liability, )) are CGL insurance written on an occurrence form at least as broad as the Insurance Services Office (ISO) CG 00 01.
The City requires insurance coverage to be placed with (( a company )) an insurer admitted and licensed to conduct business in Washington State or with a surplus lines carrier according to RCW Chapter 48.15
. If coverage is placed with any other insurer or is partially or wholly self-insured, such insurer(s) or self-insurance is subject to approval by the City's Risk Manager.
Minimum (( policy )) limits of liability shall be $2,000,000 (( per occurrence, )) each Occurrence; $4,000,000 (( annual aggregate each period
)) General Aggregate; $2,000,000 Products/Completed Operations Aggregate, including Premises Operation; Personal/Advertising Injury; Contractual Liability . Coverage shall (( specifically name ))
include the (( skybridge exposure. Coverage shall add by endorsement the )) " City of Seattle, its (( elected and appointed )) officers, officials , employees, and agents "
as additional (( insured. Coverage shall contain a Separation of Insureds indicating essentially that "except with respect to the limits of insurance, and any rights or duties specifically assigned in this coverage part to the first
named insured, this insurance applies as if each named insured were the only named insured, and separately to each insured against whom claim is made or suit is brought. Evidence of current coverage shall be submitted to the City in the form of a copy
of the full policy with all endorsements attached thereto, and is a condition to the validity of this permit. )) insureds for primary and non-contributory limits of liability subject to a Separation of Insureds clause.
Within 60 days after the effective date of this ordinance, the Permittee shall provide to the City, or cause to be provided, certification of insurance coverage including an actual copy of the blanket or designated additional insured policy
provision per the ISO CG 20 12 endorsement or equivalent. The insurance coverage certification shall be delivered or sent to the Director or to the SDOT at an address as the Director may specify in writing from time to time. The Permittee shall provide
a certified complete copy of the insurance policy to the City promptly upon request.
If the Permittee is self-insured, a letter of certification from the Corporate Risk Manager may be submitted in lieu of the insurance coverage certification required by this ordinance, if approved in writing by the City's Risk Manager. The letter of
certification must provide all information required by the City's Risk Manager and document, to the satisfaction of the City's Risk Manager, that self-insurance equivalent to the insurance requirements of this ordinance is in force. After a
self-insurance certification is approved, the City may from time to time subsequently require updated or additional information. The approved self-insured Permittee must provide 30 days' prior notice of any cancellation or material adverse financial
condition of its self-insurance program. The City may at any time revoke approval of self-insurance and require the Permittee to obtain and maintain insurance as specified in this ordinance.
In the event that the Permittee assigns or transfers the permission granted by this ordinance, the Permittee shall maintain in effect the insurance required under this section until the Director has approved the assignment or transfer pursuant to
Section 12A of this ordinance.
9B. Adjustment of insurance and bond requirements. The Director(( , in consultation with the City Risk Manager, )) may adjust minimum liability insurance levels (( of liability insurance
)) and surety bond requirements during the term of this permission . (( The )) If the Director determines that an adjustment is necessary to fully protect the interests of the City, the
Director shall notify the Permittee of the new requirements in writing. (( Upon receipt, the )) The Permittee shall , within 60 days of the date of the notice, provide proof of the ((
required )) adjusted insurance and surety bond levels (( of insurance and surety bond )) to the Director (( within 60 days )).
10. Performance bond. Within (( sixty (60) )) 60 days after the effective date of this ordinance , the Permittee shall deliver to the Director (( of Engineering )) for
filing with the City Clerk a (( good and )) sufficient bond executed by a surety company authorized and qualified to do business in the State of Washington that is: in the (( sum ))
amount of (( Twenty Thousand Dollars ( )) $20,000 , (( ) executed by a surety company authorized and qualified to do business in the State of Washington, )) and conditioned
with a requirement that the Permittee (( will )) shall comply with (( each and )) every provision of this ordinance and with (( each and )) every order
(( of )) the Director (( pursuant thereto; provided, that if the Mayor of the City of Seattle in his/her judgment shall deem any bond or bonds filed to be insufficient and demand a new or additional bond, the
Permittee shall furnish a new or additional bond in such amount as the Mayor may specify to be necessary to fully protect the City. Said bond shall remain )) issues under this ordinance. The Permittee shall ensure that the bond
remains in effect until (( such time as the skybridge is entirely removed from its location described in Section 1, or until discharged by order of )) the Director (( of Engineering as provided in
)) has issued a certification that the Permittee has fulfilled its removal and restoration obligations under Section (( 7 of this ordinance. )) 4 of this ordinance. An irrevocable letter of credit
approved by the Director in consultation with the City Attorney's Office may be substituted for the bond. In the event that the Permittee assigns or transfers the permission granted by this ordinance, the Permittee shall maintain in effect the bond or
letter of credit required under this section until the Director has approved the assignment or transfer pursuant to Section 12A of this ordinance.
11. Contractor insurance. The (( Colonial Grand Pacific Building Owners Association )) Permittee shall contractually require that any and all of its contractors performing ((
construction )) work on (( the )) any premises (( as )) contemplated by this permit(( , )) name the " City of Seattle , its officers,
officials, employees and agents" as (( an )) additional (( insured on all policies of public )) insureds for primary and non-contributory limits of liability on all CGL, Automobile and
Pollution liability insurance(( , )) and /or self-insurance. The Permittee shall also include in all contract documents with its contractors a third-party beneficiary provision
extending to the City construction indemnities and warranties granted to the (( Colonial Grand Building Owner Association to the City as well )) Permittee .
12 A . Consent for and conditions of assignment or transfer. The (( Permittee shall not )) permission granted by this ordinance shall not be assignable or transferable by operation of law; nor shall the
Permittee assign, transfer, mortgage, pledge or encumber (( any privileges conferred by the ordinance )) the same without the Director's consent (( of the Director )) ,
which the Director shall not unreasonably refuse . The Director may approve assignment (( and/or transferal )) or transfer of the (( permit )) permission granted by this ordinance
to a successor entity (( in the case of a change of name and/or ownership provided that )) only if the successor or assignee has (( demonstrated its acceptance of )) accepted in
writing all of the terms and conditions of the permission granted (( to the initial Permittee. If permission is granted, the assignee or transferee shall be bound by all of the terms and conditions of this ordinance.
The permission conferred by this ordinance shall not be assignable or transferable by operation of law. )) by this ordinance; has provided, at the time of the acceptance, the bond and certification of insurance coverage
required under this ordinance; and has paid any fees due under Section 13C of this ordinance. Upon the Director's approval of an assignment or transfer, the rights and obligations conferred on the Permittee by this ordinance shall be conferred on the
successors and assigns. Any person or entity seeking approval for an assignment or transfer of the permission granted by this ordinance shall provide the Director with a description of the current and anticipated use of the skybridge.
12B. Obligations run with the Property. The obligations and conditions imposed on the Permittee by and through this ordinance are covenants that run with the land and bind subsequent owners of the property adjacent to the skybridge and legally
described in Section 1 of this ordinance (the "Property"), regardless of whether the Director has approved assignment or transfer of the permission granted herein to such subsequent owner(s). At the request of the Director, Permittee shall provide to
the Director a current title report showing the identity of all owner(s) of the Property and all encumbrances on the Property. The Permittee shall, within 60 days of the effective date of this ordinance, and prior to conveying any interest in the
Property, deliver to the Director upon a form to be supplied by the Director, a covenant agreement imposing the obligations and conditions set forth in this ordinance, signed and acknowledged by the Permittee and any other owner(s) of the Property and
recorded with the King County Recorder's Office. The Director shall also file the recorded covenant agreement with the City Clerk. The covenant agreement shall reference this ordinance by its ordinance number. At the request of the Director, Permittee
shall cause encumbrances on the Property to be subordinated to the covenant agreement.
13 A . Inspection fees. The Permittee(( , its successors and assigns, )) shall , as provided by SMC Chapter 15.76 or successor provision, pay (( to )) the City
(( such )) the amounts (( as may be justly chargeable by said )) charged by the City (( as costs of inspection of said pedestrian )) to inspect the
skybridge during construction, reconstruction, repair (( or reconstruction or )) , annual safety inspections, and at other times (( under the direction of ))
deemed necessary by the City. An inspection of the skybridge by the City shall not be construed as a representation, warranty, or assurance to the Permittee or any other person as to the safety, soundness, or condition of the skybridge. Any failure by
the City to require correction of any defect or condition shall not in any way limit the responsibility or liability of the Permittee.
13B. Inspection reports. The Permittee shall submit to the Director, or to SDOT at an address specified by the Director, an inspection report that:
(a) describes the physical dimensions and condition of all load-bearing elements;
(b) describes any damages or possible repairs to any element of the skybridge;
(c) prioritizes all repairs and establishes a timeframe for making repairs; and
(d) is stamped by a professional structural engineer licensed in the State of Washington.
A report meeting the foregoing requirements shall be submitted within 60 days after the effective date of this ordinance; subsequent reports shall be submitted every 2 years, within 30 days prior to the anniversary date of the last inspection
report; provided that, in the event of a natural disaster or other event that may have damaged the skybridge, the Director may require that additional reports be submitted by a date established by the Director. The Permittee has the duty of inspecting
and maintaining the skybridge. The responsibility to submit structural inspection reports periodically or as required by the Director does not waive or alter any of the Permittee's other obligations under this ordinance. The receipt of any reports by
the Director shall not create any duties on the part of the Director. Any failure by the Director to require a report, or to require action after receipt of any report, shall not waive or limit the obligations of the Permittee.
13C. Annual fee. Beginning on January 20, 2013, and annually thereafter, the Permittee shall promptly pay to the City, upon statements or invoices issued by the Director (( and in addition shall promptly pay to the City in advance
upon statements or invoices rendered by the Director )) , an annual fee of (( $1,197.00 as established by Resolution 29803 )) $7,485.99, or as adjusted annually thereafter, for the privileges
granted by this ordinance .
Adjustments to the annual fee (( amount )) shall be made in accordance with a term permit fee schedule adopted by the City Council (( by ordinance )) and may be (( adjusted
)) made every year. In the absence of (( such )) a schedule, the Director may only increase or decrease the previous year's fee (( amount annually )) to reflect any
inflationary changes so as to charge (( said )) the fee in constant dollar terms. This adjustment will be calculated by adjusting the previous year's fee (( amount )) by the percentage
change between the two most recent year-end values available (( of )) from the Consumer Price Index for the Seattle-Tacoma-Bremerton Area, All Urban Consumers, All Products, Not Seasonally Adjusted. All payments
shall be made to the City Finance Director for credit to the Transportation Operating Fund.
14. Compliance with other laws. (( The Permittee shall not discriminate against any employee or applicant for employment in connection with the design, architectural or structural engineering work or the repair, or maintenance of
the pedestrian skybridge permitted to be erected pursuant to this ordinance, on the basis of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, age, national origin, or the presence of any sensory,
mental or physical handicap unless based upon bona fide occupational qualification. The foregoing commitment shall be implemented as follows:
a. The Permittee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, creed, color, sex, national origin or the presence of any
sensory, mental or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training, including apprenticeship.
b. The Permittee shall post in conspicuous places available to such employees and applicants for such employment, notices setting forth the provisions of this nondiscrimination clause.
c. The Permittee shall furnish to the Director of Human Rights or a successor official, upon his or her request and on such forms as may be provided, a report of the affirmative action taken in implementing this provision and will permit
reasonable access to its records for the purposes of determining compliance with this Section. If, upon investigation the Director of Human Rights finds probable cause to believe that the Permittee has failed to comply with any of the terms of this
Section, the Permittee and the Street Use Appeals Board (Board) will be so notified in writing. The Board shall give the Permittee at least ten (10) days notice and a hearing thereon. If the Board finds that there has been a violation of this Section,
the Board may suspend the permission conferred pending full compliance with the terms of this Section.
Failure to comply with any of the terms of this provision shall be a material violation of this ordinance.
The foregoing paragraphs shall be inserted in any subcontracts for work undertaken pursuant to this ordinance in connection with the design, architectural or structural engineering work or the repair, or maintenance of the pedestrian
skybridge permitted to be maintained hereunder, unless the Director of Human Rights authorizes the use of another equality of employment opportunity provision. ))
Permittee shall construct, maintain and operate the skybridge in compliance with all applicable federal, state, County and City laws and regulations. Without limitation, in all matters pertaining to the skybridge, the Permittee shall comply with the
City's laws prohibiting discrimination in employment and contracting including Seattle's Fair Employment Practices Ordinance, Chapter 14.04 and Fair Contracting Practices code, Chapter 14.10 (or successor provisions).
***
Section 3. Acceptance of terms and conditions. Within 60 days after the effective date of this ordinance, the Permittee shall deliver to the Director its written signed acceptance of the terms of this ordinance as approved by its Board acting on behalf
of the Permittee. The Director shall file the written acceptance with the City Clerk. If no such acceptance is received within that 60-day period, the privileges conferred by this ordinance shall be deemed to be declined or abandoned and the
permission granted deemed to be lapsed and forfeited and the Permittee shall, at its own expense, remove the skybridge and all of the Permittee's equipment and property and replace and restore all portions of the public place as provided in Section 4 of
Ordinance 117590, as further amended by Ordinance 121855 and as further amended by this ordinance.
Section 4. Section titles. Section titles are for convenient reference only and do not modify or limit the text of a section.
Section 5. Ratify and confirm. Any act taken by the City or the Permittee pursuant to the authority and in compliance with the conditions of this ordinance but prior to the effective date of the ordinance is ratified and confirmed.
Section 6. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Municipal Code Section
1.04.020.
Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this
_____ day of ___________________, 2014.
_________________________________
President __________of the City Council
Approved by me this ____ day of _____________________, 2014.
_________________________________
Edward B. Murray, Mayor
Filed by me this ____ day of __________________________, 2014.
____________________________________
Monica Martinez Simmons, City Clerk
(Seal)
Amy Gray/ Angela Steel SDOT Colonial Grand Skybridge ORD March 12, 2014 Version #4a