HomeMy WebLinkAboutPK16-294 - Original - Arlin W. Bratz - License for Limited Use of Real Property - 07/26/16 I
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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: Arlin W. Bratz (Licensee)
Vendor Number:
JD Edwards Number
Contract Number: PVJ tj - zeiti
This is assigned by City Clerk's Office
Project Name: Walla Property Mowing & Baling
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: License for Limited Use of Real Property
Contract Effective Date: 7/26/2016 Termination Date: 8/1/2017
Contract Renewal Notice (Days): 0
Number of days required notice for termination or renewal or amendment
Contract Manager: Lynn Osborn/BL Department: Parks Planning & Dev.
Contract Amount: $0.00
Approval Authority: ❑ Department Director ®Mayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Agreement granting temporary access to to mow and bale tall grass on property,
excluding specific areas, for licensee's use.
Property is the Walla property at Clark Lake Park, tax parcel 212205-9044, located at
12415 SE 240 Street
Division Contract #PPD16-17
adccW10877 8 14
(GENT
LICENSE FOR LIMITED USE OF REAL PROPERTY
(between the City of Kent and Arlin William Bratz)
NAME OF LICENSEE: Arlin William Bratz
EFFECTIVE DATE: July 25, 2016
EXPIRATION DATE: August 25, 2017
THIS LICENSE ("License") is between the CITY OF KENT, a Washington municipal corporation
("City"), and Arlin William Bratz, an individual ("Licensee").
RECITALS
1. Licensee has historically conducted activities related to the mowing and baling of grass on
real property commonly referred to as the "Walla Property" pursuant to an agreement with the property's
previous owner. This mowing and baling process typically occurs once per year, between the months of
June and July, is weather dependent, and takes approximately one week to complete.
2. The City recently purchased the Walla Property, but will not be using it in the immediate
near future. Allowing Licensee to access the Walla Property to mow and bale the grass will eliminate the
need for City staff to divert its resources from other projects during the busy summer months.
3. It is the intent of the Parties to enter into a license agreement with appropriate terms and
conditions so as to allow Licensee to temporarily continue his limited use of the Walla Property for mowing
and baling.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants this License ("License") for a period of thirteen (13)
months from the Effective Date for Licensee to access the Walla Property, legally described in the attached
and incorporated Exhibit A ("Property"), to mow and bale, for Licensee's use, the Property's grass in the
area approximately shown on the map attached hereto as Exhibit B ("Licensed Area"), including
reasonable rights of ingress and egress thereto from public rights-of-way.
2. Use of Property. Licensee shall use the Licensed Area only for the limited purpose of
mowing and baling the grass in the Licensed Area. However, Licensee shall be allowed access to and use
of the Licensed Area only after first providing notice to the City as required under Section 7 below, which
approval may be withheld at the City's sole discretion. Use of the Licensed Area by anyone other than
Licensee shall by subject to the prior written approval by the City, which approval may be withheld at the
City's sole discretion.
3. Restoration. Upon revocation, termination, or expiration of this License, Licensee shall
remove its property, fixtures, and belongings, and shall restore the Property to its original condition prior
to its use of the Property, to the extent disturbed by Licensee or anyone entering the Property with the
permission of Licensee. Such restoration obligation shall survive the expiration date of this License.
4. Revocation and Termination. This License does not grant an estate in the land described as
the Property; it is not an easement; it is not a franchise; it is not exclusive; and, it does not exclude the
City from full possession of the Property. As a License upon real property, it is revocable at the will of the
City. However, prior to termination or revocation by the City, the City will provide Licensee with at least 7
calendar days' written notice of that termination or revocation. Upon the effective date of the City's
termination or revocation, Licensee is required to remove any equipment on the Property and restore the
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LICENSE FOR LIMITED USE OF REAL PROPERTY - 1 OF 3
(Walla Property)
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Property within thirty (30) calendar days per the terms of Section 3. If Licensee fails to remove any
equipment within the allotted time, the City may remove all or part of the equipment, restore the
Property, and recover the costs of such removal and restoration from Licensee. Licensee waives any right
it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of
the equipment.
5. Permits Required. The City's grant of this License does not release Licensee from any
obligations to obtain applicable local, state, and federal permits necessary for any intended use of the
Licensed Area. Licensee's failure to comply with this Section 5 shall constitute grounds for immediate
revocation by the City.
6. Release and Indemnification. Licensee waives any and all claims and unconditionally
releases the City of Kent and any of its officers, employees, or volunteers from any responsibility and
liability whatsoever that may arise as a result of any injury, death, property damage, or other loss or
claim that Licensee or its agents, assigns, employees, heirs, or volunteers may suffer due to Licensee's
access to the Property or use of the Licensed Area. Further, Licensee shall defend, indemnify, and hold
the City, its officers, officials, employees, agents, assigns and volunteers harmless from any and all
claims, actions, injuries, damages, losses or suits, including all reasonable legal costs, witness fees and
attorney fees, arising out of or in connection with the performance of any of Licensee's rights or
obligations granted by this License, but only to the extent of the negligence or comparative fault of
Licensee, its employees, agents, or assigns. The provisions of this Section 6 shall survive the expiration
or termination of this License.
7. Notice Before Entry and Schedule of Use. Licensee shall give the City advance notice of at
least three business days' of Licensee's request for entry and use of the Licensed Area. This notice shall
include a schedule for Licensee's access to the Property and use of the Licensed Area, including the final
date by which all mow and bale efforts will have concluded for that year. Once Licensee has provided
notice to the City, Licensee may not access the Property or use the Licensed Area until the City has
consented to the dates and times proposed. Such Notice may be provided to Brian Levenhagen at the
City of Kent either by telephone to (253) 856-5116, or email to blevenhagen@kentwa.gov.
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8. Reservation of Right to Require Additional Security. The City reserves the right to require
such additional physical security measures as may be required to protect the Property.
9. No Assignment. This License grants to Licensee a personal privilege to use the Licensed
Area for the particular purpose set forth herein. Licensee cannot assign its rights under this License to
any other party, or extend its use of the Licensed Area other than for the specific and limited use set forth
herein. If Licensee attempts to assign its rights under this License otherwise, or if Licensee exceeds the
scope of this License, the City may treat Licensee as a trespasser.
10. Venue and Jurisdiction. This License shall be construed in accord with the Laws of the State
of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King
County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this
License, each Party shall be responsible for its own legal costs and attorney fees except as noted in
Paragraph 6.
11. Notices. All notices, requests, demands, or other communications provided for in this
License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by
registered or certified mail, return receipt requested, addressed as the case may be, to the addresses
listed below for each party, or to such other person or address as either party shall designate to the other
from time to time in writing forwarded in like manner:
CITY: LICENSEE:
City of Kent Arlin William Bratz
Attn: Brian Levenhagen 28961 194" PI SE
220 Fourth Avenue South Covington, WA 98042
Kent, WA 98032 Phone: 253-350-5268
LICENSE FOR LIMITED USE OF REAL PROPERTY- 2 OF 3
(Walla Property)
12. Insurance. During the term of this License, Licensee shall effect and maintain insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the use of the Licensed Area as provided for within the attached and incorporated Exhibit C.
13. Entire Agreement and Effective Date. This License contains the entire agreement between
the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or
representation, whether oral or written, not expressed herein. This agreement shall be effective upon the
last day executed (Effective Date), and shall terminate automatically on August 1, 2017 if not terminated
earlier as provided for within Section 4.
14. Warranty of Authority to Execute. Each person executing this license warrants that he/she
has the requisite authority to bind the party for whom that person is executing.
IN WITNESS, this License is executed and shall become effective as of the last date signed below.
CITY OF KENT LICENSEE
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By: Cam By: -
Print Nam 'u ette Cooke Print Name: ARtW W. 13d2�4'T L
Its: l avor Its:
Dat :" 71 f //,Z Date: 'I 4J—Z6
STATE OF WASHINGTON )
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COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she
is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be
the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument.
o`p\,\\J%QITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
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`® t°TAg6 i NOTARY PUBLIC, in and for tthe.State�
of Washington, residing at
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COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that pRL1 N w• '6&ATZ
is the person who appeared before me, and said person acknowledged that she/he signed this instrument, is
authorized to execute the same, and such execution is the free and voluntary act of such party for the uses
and purposes mentioned in the foregoing instrument.
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IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written. S
5,-7 a—t � Notary Public
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NOTARY PUBLIC, in and for the State s o ®Vasbington
of Washington, residing at M Aft' v iA 5 DONOVAN
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My appointment expires $ Uummlsdi aozo ealaes
LICENSE FOR LIMITED USE OF REAL PROPERTY - 3 OF 3
(Walla Property)
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EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of King, State of Washington,described as
follows:
WEST 396 FEET OF THE NORTH 660 FEET OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 21,TOWNSHIP 22 NORTH,
RANGE 5 EAST, W.M.,IN KING COUNTY,WASHINGTON;
EXCEPT ROADS.
Tax Parcel ID No. 212205-9044-03
(Walla property at 12415 SE 240th Street)
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(Walla !x m 7 fromSI D
Mowing Area boundary ® _
Excluded Areas
REQUEST FOR MAYO S SIGNATURE
Routing Information.
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Dfrecto :�
Originator: Lynn Osborn for Brian Levenhagen Phone (Originator):X51 f 1
Date sent: 7/26/16 Date Required: Soonest Please
Return Signed Document to: Contract Termination Date:
Lynn ®. 8/1/2017
VENDOR NAME: Date Finance Notified:
Arlin William Bratz Licensee 20(Only rea4(zq.and contracts NIA
over aronan Grant.
DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:7J25/16
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Spec'fica9l Account Number: �
Authorized in the Budget? YES ® NO
Brief Explanation of Document:
A License for Limited Use of Real Property, granting Licensee Arlin W. Bratz temporary
access to the Walla property at Clark Lake, in order to mow and bale the tall grass for
licensee's own use. Description of property and mowing area attached. Licensee will
provide own equipment to mow and bale; there are no; related expenditures or
revenues to this agreement.
Property address is 12415 SE 240th Street, parcel 212205-9044
All Cain Nu.,1'tV 1 4 rough The law Department
Jhik."' e ,�bZ��npleted by the Law Department)
Received:'
Approval of Law Dept.: ;, r ,,
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Law Dept. Comments: ' W s °
Date Forwarded to Mayor: "L!", z
Shaded Areas To Be Completed By Administration,Staff
Received:-
Recommendations and Comments,
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DisposltlonlY�` , � � r f
Date Returned;
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