AN ORDINANCE renewing, for a period of ten (10) years, the permission granted to Providence Medical Center, by Ordinance 108036 to construct, maintain and operate a pedestrian skybridge over and across Sixteenth Avenue, north of East Jefferson Street; amending Section 10 thereof to update insurance requirements; and establishing the annual fee for the next five (5) years of the permit.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The permit granted to Providence Medical Center, by Ordinance 108036 to construct, maintain and operate a pedestrian skybridge over and across Sixteenth Avenue, north of East Jefferson Street, is hereby renewed for a period of ten (10) years ending September 27, 2008, upon the same conditions set fourth in Ordinance 108036.

Section 2. That Section 10 of Ordinance 108036 is hereby amended to read as follows: Section 10. For as long as the Permittee, its successors and assigns, shall exercise any permissions granted by this ordinance and until discharged by order of the Board of Public Works as provided in Section 3 of this ordinance, it shall at its own expense maintain with the City and kept on file with the City Clerk, general comprehensive policies of public liability insurance, which policies must be approved by the City Attorney as to form and coverage and which policies must fully protect the City from any and all claims and risks in connection with (a) construction, reconstruction, operation, maintenance, use or existence of the pedestrian skybridge permitted by this ordinance and of any and all portions of the pedestrian skybridge; (b) Permittee's activity upon or use of occupation of the areas described in Section 1 of this ordinance; as well as (c) any and all claims and risks in connection with any activity performed by Permittee by virtue of the permission granted by this ordinance. Each such policy or policies must specifically name The City of Seattle as an additional insured party thereunder and provide the following minimum coverages and minimum limits:

Minimum Coverage: General, comprehensive liability insurance for any injury, death, damage, and/or loss of any sort sustained by any person, organization, or corporation

(including any liability of the City to Permittee, its officers, agents and/or employees and any liability of Permittee to The City of Seattle, its officers, agents and/or employees) in connection with: (a) construction, operation, maintenance, use or existence of the pedestrian skybridge permitted by this ordinance and of any and all portions thereof,;(b) any activity upon or use or occupancy of the area described in Section 1 of this ordinance; and (c) for any activity performed by Permittee by virtue of the permission granted pursuant to this ordinance:

Minimum Limits: (Primary and excess) not less than those otherwise carried by Permittee and in any event not less than Two Million Dollars ($2,000,000) per occurrence and annual aggregate/ with no deductible.

Each such policy or endorsement thereto must contain the following provisions:

"The City of Seattle is named as a additional insured for all coverages provided by this policy of insurance and shall be fully and completely protected by this policy for all risks and for any and every injury, death, damage and loss of any sort sustained by any person,

organization or corporation (including any liability of the City to Permittee Providence Medical Center, its successors and assigns, any of its employees and/or agents and any liability of Permittee to The City of Seattle, its officers, agents and employees) in connection with (a) construction, operation, maintenance, use or existence of the pedestrian bridge and any appurtenances thereto, permitted by The City of Seattle ordinance granting Providence Medical Center permission to construct, operate and maintain a pedestrian bridge connecting Permittee's parking facility abutting the west side of Sixteenth Avenue with a new structure abutting the east side of Sixteenth Avenue; (b) activities of the Providence Medical Center its successors and assigns, upon use or occupation of the area described in Section 1 of Ordinance ____________, as well as (c) any activity performed by the Providence Medical Center, its successors and assigns by virtue of the permission granted by the aforesaid ordinance."

"The coverage provided by this policy to The City of Seattle or any other named insured shall not be terminated, reduced or otherwise changed in any respect without

providing at least thirty (30) days prior written notice to The City of Seattle, Attention: City Engineer."

Whenever, in the judgment of the Mayor of The City of Seattle, such insurance filed pursuant to the provisions hereof shall be deemed insufficient to fully protect The City of Seattle, the Permittee shall, upon demand by the Mayor, furnish additional insurance in such amount as may be specified by the Mayor.))

For as long as the Permittee, its successors and assigns, shall exercise any permission granted by

this ordinance and until the skybridge is entirely removed from its location as described in Section 1 of the authorizing ordinance or until discharged by order of the Director of Seattle Transportation as provided in Section 3 of the authorizing ordinance, the Permittee shall obtain and maintain in full

force and effect, at its own expense, insurance policies which protect the City from any and all claims and risks in conjunction with:

(a) reconstruction, operation, maintenance, use or existence of the skybridge permitted by this ordinance and of any and all portions of the skybridge;

(b) the Permittee's activity upon or the use or occupation of the area described in Section 1 of the authorizing ordinance, as well as;

(c) any and all claims and risks in conjunction with and activity 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, placed with a company admitted and licensed to conduct business in Washington State. Minimum policy limits shall be $2,000,000 per occurrence, $4,000,000 annual aggregate. Coverage shall specifically name 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 Clause 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 insurance policy with all endorsements attached thereto, and is a condition to the validity of this permit.

Whenever in the judgment of the Mayor Risk Manager of The City of Seattle, such insurance filed pursuant to the provisions hereof shall be deemed insufficient to fully protect The City of Seattle, the Permittee shall, upon demand by the Mayor Risk Manager, furnish additional insurance in such amount as may be specified by the Mayor Risk Manager.

Section 3. Pursuant to Section 2 of Ordinance 108036 Providence Medical Center shall promptly pay to the City upon statements rendered by the Director of Transportation, a fee of One Thousand Five Hundred Nineteen Dollars ($1,519.00) annually until September 27, 2003.

All payments shall be made to the City of Seattle Finance Director for credit to the General Fund.

Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

PASSED by the City Council of the City of Seattle this ______ day of ______________, 1999, and signed by me in open session in authentication of its passage this _____ day of _______________, 1999.

______________________________________

President _________of the City Council

Approved by me this __________ day of _________________, 1999.

______________________________________

Mayor

Filed by me this __________ day of _________________, 1999.

______________________________________

City Clerk

(Seal)

RHA:rha

3/10/99

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