HomeMy WebLinkAboutPW12-235 - Original - Clarence & Heidi McElderry - License Agreement - LICENSE AGREEMENT BETWEEN THE
CITY OF KENT AND
CLARENCE AND HEIDI MCELDERRY
PARTIES
THIS LICENSE ("License") is between the City of Kent, a Washington
Municipal Corporation ("City"), and Clarence and Heidi McElderry, husband and
wife ("Licensee").
RECITALS
1. The City owns that certain real property identified as King County Tax
Parcel 262206-9010 ("City Property"), which includes one of the City's water supply
facilities at Clark Springs.
2. Licensee owns a parcel of real property adjacent to the City Property
located at 26010 S.E. 269th Street, Ravensdale, Washington, in King County
Washington, and identified as King County Tax Parcel 252206-9104, and currently
maintains cords of wood and a wooden structure adjacent to and partially
encroaching on the City Property.
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 continue to park a
utility trailer and maintain cords of wood on the City's property.
NOW,, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants this License ("License") for a
period of twenty-five (25) years from the Effective Date for Licensee to maintain a
wooden structure and cords of wood ("Improvements") over a portion of the real
property described in Exhibit A ("Property"), said portion being approximately as
shown on the map attached hereto as Exhibit B ("Licensed Area"). Licensee's use
of the Licensed Area shall not exceed the current use, in either size or scope, as
depicted in the photographs attached hereto as Exhibit C. The term of this License
may be extended by written agreement of both parties.
2. Restoration. Upon revocation, termination or expiration of this
License, Licensee shall restore the Property to its original condition prior to the
issuance of the License, reasonable wear and tear excepted. Such restoration
obligation shall survive the expiration date of this License.
LICENSE AGREEMENT-- Page 11
(between City of Kent and McElderry)
3. 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 shall provide
Licensee with at least one hundred twenty (120) 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 all Improvements and restore the
Property within thirty (30) calendar days per the terms of Section 2. If Licensee
fails to remove the Improvements within the allotted time, the City may remove all
or part of the Improvements, 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 Improvements.
4. 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 to install, construct, operate, maintain, remove, repair, reconstruct,
replace, use and inspect the Improvements. Licensee's failure to comply with this
Section 4 shall constitute grounds for immediate revocation by the City.
5. Indemnification. 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 5 shall survive the expiration or
termination of this Agreement.
6. 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 the rights under this License to any other party, or extend the use of
the Licensed Area other than for the specific and limited use set forth herein. If
Licensee attempts to assign the rights granted under this License, or if Licensee
exceeds the scope of this License, City may treat Licensee as a trespasser.
7. 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 5.
LICENSE AGREEMENT-- Page 12
(between City of Kent and McElderry)
8. 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 Clarence and Heidi McElderry
Attn: Director of Public Works 26010 S.E. 269`h Street
220 Fourth Avenue South Ravensdale, WA 98051
Kent, WA 98032 crmcelderry@comcast.net
9. 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).
10. 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.
11. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and Licensee
IN WITNESS, this License is executed and shall become effective as of the
last date signed below.
CITY OF KENT
ky:
Na e: UZETTE COOKE
e: o o i a
LICENSE AGREEMENT-- Page 3
(between City of Kent and McElderry)
LICENSEE LICENSEE
&�� 1/0
Clarence McElderry Heidi Mc Ider y tl
Date: to — Z( — l Z Date: 02� e20/o2
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.
-Notary Seat Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
13RIG I,
r-rvol I I
NOTARY PUBLIC, in and for the State
of Washington, residing at M
My appointment expires y6
//ttt111'OF`W AS �
LICENSE AGREEMENT-- Page 4
(between City of Kent and McElderry)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Clarence McElderry
is the person who appeared before me, and said person acknowledged that he signed
this instrument and acknowledged It to be his free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated: �11i
-Notary Seal Must Appear Within This Box
' IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
LNotaryublic
Sbington MAYMYN EXPIRES (Signature)
zotammom NOTARY PUBLIC, in and for the�Stat
residing C�
� of Washington, g at
My appointment expires
LICENSE AGREEMENT— Page 5
(between Clty of Kent and McElderry)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Heidi McElderry Is the
person who appeared before me, and said person acknowledged that she signed this
instrument and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned In the Instrument.
Dated: �rid—,'li
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
Notary Public
State of Washington
CALVIN B MAY Njz�l
MY COMMISSION EXPIRES (Signature)
June24,2ota NOTARY PUBLIC, in and for th tState
of Washington, residing at
My appointment expires
P\C vil\Files\Open Files\0177-2012-Public Works General\McElderry License Agreement Encroachment door
LICENSE AGREEMENT— Page 6
(between City of Kent and McElderry)
Exhibit A
S 1/2 OF SEC LESS C/M RGTS LESS C DANVILLE COAL CO RAN LESS CO RIDS
SUBJ TO ESMT TRANS LN RAN LESS POR LY SWLY WLY & NWLY OF LN BEG PT
OPP HES K-K 12+25 ON K-K LN SUR OF SR 169 JCT SR 516 VICINITY & 30 FT NLY
TO SD K-K LN SUR TH NWLY TO PT OPP HES SL 0+60 ON SL-LN SUR OF SD HWY
& 30 FT ELY TH NLY & NELY PLW SD SL - LN SUR TO PT OPP HES SL 12+00 ON
SD LN SUR & TERMINUS SD LN
Exhibit B
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REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Kevin Swinfor Phone (Originator): 5613
Date Sent: 9/28/12 Date Required: 10/4/12
Return Signed Document to:Swinford CONTRACT TERMINATION DATE: 10/2037
VENDOR NAME: McElderry DATE OF COUNCIL APPROVAL: N/A
Brief Explanation of Document:
License Agreement between the City and Clarence and Heidi McElderry regarding
encroachment onto City property in the Clark Springs area.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: RELtV
Approval of Law Dept.: SEp 2 9 202
Law Dept. Comments:
Date Forwarded to Mayor: io
t
Shaded Areas To Be Completed By Administratia
i
Received: RAT
_ I
Recommendations and Comments:
Disposition: /O I> A/Z_ �j�c cod 2-7
Date Returned: /