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HomeMy WebLinkAboutPK16-294 - Original - Arlin W. Bratz - License for Limited Use of Real Property - 07/26/16 I 100 Re c o me e KENT `gin. Document- { WASHINGTON yA ' E ` ' 1 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 i LICENSE FOR LIMITED USE OF REAL PROPERTY - 1 OF 3 (Walla Property) i 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. i 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 f / & 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 ) ss. 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 46b w o `® t°TAg6 i NOTARY PUBLIC, in and for tthe.State� of Washington, residing at s tol -%o ® My appointment expires S Ali! **TON N ) 1111Ha>\� : SS. 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. i 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 e NOTARY PUBLIC, in and for the State s o ®Vasbington of Washington, residing at M Aft' v iA 5 DONOVAN tA My appointment expires $ Uummlsdi aozo ealaes LICENSE FOR LIMITED USE OF REAL PROPERTY - 3 OF 3 (Walla Property) I I I Ij 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) I i � lARA »«: i (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 ,, n Law Dept. Comments: ' W s ° Date Forwarded to Mayor: "L!", z Shaded Areas To Be Completed By Administration,Staff Received:- Recommendations and Comments, $ ' r l{ d y t DisposltlonlY�` , � � r f Date Returned; �4 P.CrvWrwm+pmmanl. asuAT �rxel la iR�nh SlF�me dun