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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 _ ..522088084 "$"infr3^.3 f� F z=_rz�xes ,ecl v eaateG v Z DI Exhibit C i . z1x i, 1 + � ' •{ `\, y r i {tj"s}'" '� t � t, ���t "'��+1 :j 1�J �7,.. : 1 r) 4('r f � x{1 ti 1 i4 *�Ls "X"!t "'Lt (i $yi1 r T •. 3ctr#5.}(\}y .4 ; ' dstl }: i fl�" /��laC x A � � + •X}� +,' �� � 4.. �:f r4 `�4,t �•� �} 141 4 � y. 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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: /