HomeMy WebLinkAboutLutheran Community Services NW - Parking Lot Useage AgreementPROPERTY USE LICENSE AGREEMENT
(Parking Lot)
GESA Stadium, 6200 Burden Blvd Pasco, WA 99301
THIS PROPERTY USE LICENSE AGREEMENT ("Agreement") is made and
entered into this day of �GfiYl 2023, between the City of Pasco,
Washington, a Municipal Corporation ("Owner"), dLutheran Community
Services
NW. ("Licensee"), and designates the terms below for and in consideration of the mutual
covenants contained herein, and agreement as follows:
SECTION I
GRANT OF LICENSE
Subject to and upon the terms set forth herein, the Owner grants to Licensee a permissive
nonexclusive license to use, for the specific purposes provided below, the property as described
in the attached Exhibit "A".
SECTION II
PURPOSE OF LICENSE
This license is granted to allow Licensee to utilize the premises to provide food., li, iene.
and other basic necessities to the families of the Tri Cities and for no other use or purpose
without owner's prior written consent. On the days specified in Section III below, Licensee is
authorized to set up, stage event and provide clean up and necessary repairs on the subject
premises.
SECTION III
TERM OF LICENSE
This license shall be effective Monday, January 16, 2023, only.
SECTION IV
LICENSE FEE/DEPOSIT
1. Licensee shall, upon execution hereof, pay to the Owner, the sum of zero dollars ($0.00)
in consideration of the grant of this license.
2. Upon execution of this license, Licensee shall deposit the sum of five hundred dollars
($500.00) with Owner as a security deposit. This sum shall guarantee Licensee's performance of
its obligations hereunder. If Licensee fails to perform any of its obligations hereunder, Owner
may apply the appropriate portion of the security deposit to cure the default or to compensate the
Owner for damage sustained as a result of Licensee's default. If Licensee fully performs its
obligations under this license, the deposit, or any balance thereof, shall be returned to the
Licensee at the expiration of this license.
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SECTION V
CONDITIONS OF USE AND IMPROVEMENTS
All uses and improvements on the premises shall be maintained by the Licensee in good,
orderly, and functional condition, free of all litter and debris, obstructions or any condition that
may represent a hazard to the public. Licensee shall exercise care to avoid damage to the
property and/or improvements. Licensee shall promptly notify Owner of any damage to the
premises.
SECTION VI
SPECIAL CONDITIONS
1. No asphalt penetrations.
2. Event must be complete by 6:00 p.m. Clean-up to follow.
3. Submit a Special Use Permit to the City for review.
SECTION VII
INDEMNIFICATION
Licensee shall be responsible for any and all costs, damages, or expenses arising from its
use of the premises and agrees to defend, indemnify and hold Owner, its employees, officers and
agents harmless from and against any loss, costs, damage, injury, expenses, claims, judgments,
and causes of action the Owner may incur arising out of or in connection with the Licensee's use
of the premises, except to the extent that such are due to the gross negligence or willful
misconduct of Owner, its employees, agents or assigns.
SECTION VIII
INSURANCE
1. Licensee, at its sole expense, shall place and maintain in effect throughout the
term of this License the following insurance (collectively, the "Insurance"): Commercial general
liability insurance with limits of not less than $1,000,000 each occurrence and $2,000,000 in the
aggregate, written on Insurance Services Office (ISO) occurrence form CG 00 01, insuring
against all liability arising out of and in connection with Licensee's use and occupancy of the
Premises and with Licensee's exercise of its rights granted under this License, including
premises and contractual liability and naming Owner and its employees, officers and agents as
Additional Insured using ISO Additional Insured -Managers or Lessors of Premises Form CG 20
11 or a substitute endorsement providing equivalent coverage.
2. Certificates of such coverage and endorsements, in form satisfactory to Owner,
shall be furnished to Owner prior to exercise of the rights granted by this license and each shall
provide that said coverage will not be changed or cancelled without forty-five (45) days written
notice to Owner. Licensee's insurance coverage and Vendor's coverage shall be primary as
respects Owner. Any insurance, self-insurance or insurance pool coverage maintained by Owner
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shall be excess of Licensee's and Vendor's insurance and shall not contribute with it. All
insurance shall be placed with insurers with a current A. M. Best rating of not less than A:VII.
SECTION IX
COMPLIANCE WITH LAW
Licensee shall comply with all laws, ordinances and regulations of any governmental
agency or public authority having jurisdiction over the property or licensee's use thereof.
SECTION X
TERMINATION
This license may be terminated by:
l . Written notice of either party giving not less than thirty (30) days notice of its
intent to terminate the agreement.
2. Substantial change in the premises, the laws and regulations and standards
applicable to the use of the premises which are inconsistent with the grant of this license.
3. Default by the Licensee of any terms of this Agreement which remain uncured ten
(10) days after notice of such default has been given by the Owner; or
4. Expiration of the initial term.
SECTION XI
GENERAL PROVISIONS
For this purpose of this Agreement, time is of the essence. Should any dispute arise
concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in
Franklin County, Washington, the laws of the State of Washington will apply, and the prevailing
party will be entitled to additional judgment against the other of its reasonable attorney fees and
costs.
SECTION XII
FORCE MAJEURE
If the Event does not take place, in whole or in part or if either Party cannot perform under this
Agreement, due to any act of god or other force majeure event including, but not limited to, severe
weather, fire, flood, strike, labor dispute, civil commotion, riot or threat of violence epidemic/pandemic
or similar cause beyond the control of the parties, then the parties will negotiate in good faith regarding
rescheduling the Event if possible. In the event that rescheduling the Event is not practical, the Parties
shall mitigate costs and agree on a reasonable reduction to the Fee.
Notwithstanding the foregoing, the parties acknowledge that as of execution of this Agreement, COVID-
19 is deemed a pandemic, and the risks associated with COVID-19 are known and have been accepted
by the Parties in deciding to enter into this Agreement. Accordingly, the Parties agree that COVID-19
shall not be deemed a Force Majeure event unless there are subsequent event(s) (e.g. new government
orders restricting travel or gatherings) which directly affect a Parry's ability to perform under this
Agreement.
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IN WITNESS WHEREOF, the parties have executed this License Agreement on the
date and year first above written.
DATED this 10 tk day of �ZAw--� 2023.
Owner: City of Pasco
By:
4ch Rattai, birector
Administrative & Community Services
Licensee: Lutheran Community
Servic , NW
It's:
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