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Home My WebLink AboutPK15-202 - Original - Corporation of the Church of Jesus Christ of Latter-Day Saints - Community Garden Land Use - 4/18/96 R. ecords MW. e KEN T WASHING.TON _...Document .. 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: Corporation of the Church of Jesus Christ of Latter-Day Saints Vendor Number: JD Edwards Number Contract Number: ��`' � — This is assigned,by City.Clerk's Office Project Name: Community Garden Land Use Agreement Description ❑ Interlocal Agreement ❑ Change Order, ❑ Amendment ❑ Contract ®'Other: Temporary Non-Exclusive License Agreement Contract Effective Date: 4/18/1996 Termination Date: Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: 'Victoria Andrews Department: Parks Planning & Dev. Contract Amount: $0.00 Approval Authority: ❑ Department Director EMayor ❑City Council Detail: (i.e. address, location parcel number, tax id, etc.): A license agreement allowing the City to use land owned by the LDS for the purpose of establishing a community garden, aka a "P-Patch", subject to conditions specified. adccW 10877_8_14 Property No. 508-5845 TEMPORARY NON-EXCLUSIVE LICENSE AGREEMENT THIS TEMPORARY NON-EXCLUSIVE LICENSE AGREEMENT is made and entered into as of the 4S___ day of All l- _ 1996, by and between CORPORATION OF THE PRESIDING:BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY'SAINTS,a Utah corporation sole, with its principal office located at 50 East North Temple Street,Twelfth Floor, Salt Lake City, Utah, 84150, hereinafter referred to as "CPB," and the CITY OF KENT, a municipal corporation, with.its principal office located at 220 4th Avenue South, Kent, Washington 98032- 5895, hereinafter referred to as "the City.„ CPB and the City RECITE and DECLARE: A. CPB owns fee title to certain real property located at the intersection of 64th Avenue South and James Street in Kent, Washington. Upon a portion of that property, CPB has constructed a building which it uses as a Bishop's Storehouse. The portion of CPB's property located of F 64th Avenue South is not improved. -a5 KV ,,s B. The City desires to use that portion of CPB s property which is of 64th AvenueSouth for a P-Patch gardening program designed to assist at-risk high school students and apartment residents in the City of Kent. j C. CPB is willing to allow the requested use subject to the terms and conditions hereinafter set forth; NOW THEREFORE, in consideration of the mutual covenants herein contained and of other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,CPB and the City-agree as follows: 1. Licensed Premises. As used in this Agreement, the term "Licensed Premises" shall mean that portion of the property owned by CPB at the intersection of 64th Avenue South and James 2 ( Street in Kent, Washington which is of 64th Avenue South. t (i1a 2. Grant of License. CPB hereby grants to the City a non-exclusive license to utilize the Licensed Premises as a P-Patch gardening site, subject to the terms and conditions set forth herein. This License shall be effective from the date of this Agreement until September 30, 1996. 3. Expenses. All expenses relating to the P-Patch garden,_including but not limited to the cost of irrigation water, fertilizer, seeds and equipment used in connection with the garden, shall be paid by the City. CPB shall not be required to incur any expense in connection with the P-Patch garden. C �2 4. Facilities for Persons Using Licensed Premises. A �1'� � 1 qFor persons entering upon the Licensed Premises to work in the P-Patch garden, he City 4 provide i s including hand washing`ca capacity, - eater. P g P Y dH�n°tg"� h� 5. Standards of Conduct. The City agrees to adhere to and enforce the CPB's standards of conduct and decorum with regard to the use of the Licensed Premises;that is, no smoking,use of alcoholic beverages or illegal drugs, gambling of any nature, or any other illegal or immoral practice shall be permitted on the Licensed Premises. b. on ctio f En e. Ci w' m k c s`b t o ct a p erm e e , is o veh' e e uip en po y v �lr° �W� a hal pro of a ac ptab . This n.c ha oth B an aac o L'ce a Pre • es. 7. Maintenance and Restoration. During the term of the License granted herein,the City shall maintain those areas of the Licensed Premises used for the P-Patch gardening program in a neat and orderly condition and free of debris, all in a fashion consistent with well maintained gardens. CPB shall maintain those areas of the Licensed.Premises not used for the P-Patch gardening program. Upon ithe termination of the License granted herein or any,extension thereof,the City shall,at its sole expense, restore the Licensed Premises to the condition in which they existed prior to the grant of the License including'suitable leveling and providing grass cover. In the event CPB and the City agree to an extension of the License into another growing season or seasons, the City need not restore the.Licensed Premises between seasons,but the City shall leave the Licensed Premises in a clean and neat condition, satisfactory to CPB. $. Wetlands. CPB and the City acknowledge that`a large portion of the property owned by; CPB has been designated as wetlands. In the event the P-Patch garden project requires CPB to incur any cost or expense or undertake any other action because of the classification of a portion of its, property as wetlands, the City agrees to reimburse CPB for such cost or expense and to take whatever action is required of CPB. 9. Indemnity. It is hereby agreed that CPB, its agents and employees,shall not be liable for any.loss, damage, injury or other casualty of whatsoever kind, including without limitation loss or damage to CPB, which is caused by the City's negligent actions or omissions arising out of or in any way,relating to the City's use of the Licensed Premises. The City agrees to indemnify and to save and hold CPB harmless from and against all claims, damages, liabilities, suits and actions, including all reasonable expenses, costs, and attorney's fees incurred by,or imposed upon CPB in connection therewith, for`such loss, damage, injury or other casualty. This Section shall survive the termination of this.License Agreement with respect to any loss, damage, injury or other casualty which arises out of, from, or in any way relates to the City's. use, possession or operation of the Licensed Premises if such use, possession or operation occurs during the term or any extension of this License Agreement. 10. Insurance. The City hereby agrees to obtain and maintain self-insurance coverage over its activities and operations on the Licensed Premises through the Washington Cities Insurance Authority. Such coverage shall include at least $1,000,000 per occurrence combined single limit of liability. g g p 11. - Entire Agreement-, Modification of Agreement. This Agreement represents the entire agreement between CPB and the City and incorporates all prior understandings and agreements between them. No waiver, modification or amendment of this Agreement shall be effective`unless -2- manifested by an instrument in writing signed by the party against whom the enforcement of such waiver,modification or amendment is sought,and then only to the extent set forth in such instrument. 12. Applicable Law. This Agreement will be construed and interpreted in accordance with the laws of the State`of Washington. 13. Attorney's Fees. In the event of any declaratory or other legal or equitable action instituted between the parties in connection with this Agreement,the prevailing party shal l be entitled to recover from the non-prevailing party all litigation costs and expenses, including court costs and reasonable attorney's fees. 14. Assignment; Easement. The License herein granted may not be assigned voluntarily or involuntarily, by operation of law. The City further agrees that its use of the Licensed Premises shall not give rise to a prescriptive easement or other similar property interest. IN WITNESS WHEREOF, the parties hereto have executed this Non-Exclusive License Agreement as of'the date first written above. CPB': CORPORATION OF THE'PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, I . THE CITY CITY OF KENT Attest: By: �•� — — — -- --- ------ — �- -� Its:' (_VTV CUE Z-1 3