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Home My WebLink About1206 ResolutionRESOLUTION NO. 1206 WHEREAS, BLB Partnership is the owner of a parcel of improved real estate situated on Lewis Street in downtown Pasco, Washington, and more fully described as: Lot 12, School Block Addition as recorded in Volume "B", page 46 of plats recorded in Franklin County Auditor's Office, Franklin County, Washington, and WHEREAS, the city is the owner of a parcel of property herein- after referred to as "the city property", which property is adjacent to and immediately to the east of the aforedescribed property and which is presently being used as a public mall in accordance with the Pasco Downtown Redevelopment Program. The city property is more full described as follows: Lot 10 and 11, School Block Addition as recorded in Volume "B", page 46 of plats recorded in Franklin County Auditor's Office, Franklin County, Washington, and WHEREAS, BLB Partnership desires to refurbish the structure presently situated on its property in accordance with the attached agreement and exhibit and by this reference is incorporated herein; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the city council does approved the attached agreement and exhibit as heretofore described and by this reference is incorporated herein as though full set forth at length, and authorizes the mayor of the city of Pasco to execute the Access Agreement with the BLB Partnership. PASSED by thy Council of the City of Pasco, Washington, this �� day of -94"_, 1978. AT Chet Bailie, Mayor ve yn We ls, Deputy City Attorney APPROVED AS TO FORM: t V`• '1 `. 1 �,�.T� Lim Patrick T.Roach,_ Acting City Attorney Dennis J. De Felice, Deputy City Attorney ACCESS AGREEMENT THIS AGREEMENT entered into this day of October, 1978, by and between the CITY OF PASCO, a municipal corporation, hereinafter referred to as "the City" and ROBERT A. and JANET C. TIPPETT, LARRY M. and CRYSTAL A. SEAMAN, and ROBERT M. and MEREDITH L. TIPPETT, d/b/a BLB PARTNERSHIP, hereinafter referred to as "BLB PARTNERSHIP". W I T N E S S E T H: WHEREAS, BLB Partnership is the owner of a parcel of improved real estate situated on Lewis Street in downtown Pasco, Washington, and more fully described as: Lot 12, School Block Addition as recorded in Volume "B", page 46 of plats recorded in Franklin County Auditor's Office, Franklin County, Washington; and WHEREAS, the city is the owner of a parcel of property herein- after referred to as "the city property", which property is adjacent to and immediately to the east of the aforedescribed property and which is presently being used as a public mall in accordance with the Pasco Downtown Redevelopment Program. The city property is more fully described as follows: Lots 10 and 11, School Block Addition as recorded in Volume "B", page 46 of plats recorded in Franklin County Auditor's Office, Franklin County, Washington; and WHEREAS, BLB Partnership desires to refurbish the structure presently situated on its property in accordance with the attached drawings which are marked Exhibit "A" and by this reference is incorporated herein; NOW, THEREFORE, In consideration of One Hundred & 00/100 ($100.00) Dollars and the promises and conditions set forth herein, the parties do hereby agree as follows: 1. The city will grant to BLB Partnership a building permit to refurbish and construct the building currently situated on the property owned by BLB Partnership in accordance with said attached drawings. 2. The city will further grant to BLB Partnership right of access over and upon the city property for the purpose of using one double door and one single door situated on the east wall of the BLB Partnership building. . 3. The BLB Partnership agrees to refurbish and develop its property for use as office and retail units consistent with the Pasco Downtown Redevelopment Program. 4. BLB Partnership agrees that should the city discontinue to use the city property as a public mall as set forth in the Pasco Downtown Redevelopment Program, then the right of access set forth in paragraph two hereof may, at the city's option, be terminated. However, the city agrees to give BLB Partnership one year's (1) notice of its intention to change said use. / -2- 5. Should BLB Partnership cause waste, neglect or damage to the city's property or fail to observe and perform each and all the terms, provisions and conditions hereof, the city may terminate this agreement and all rights of BLB Partnership, by giving written notice of such termination specifying the waste, neglect or damage on which such notice is based. Said termination shall take effect sixty (60) days after the date on,which such notice is given, unless BLB Partnership, within such sixty (60) day period, remedies the waste, neglect or damage specified in said notice. The waiver by the city of any of the terms, provisions and conditions hereof shall in no way impair the right of the city to avail itself of any subsequent breach thereof. 6. BLB Partnership does hereby release, acquit, discharge, defend, indemnify, and hold harmless the city of Pasco, its agents and employees of and from any and all actions, causes of action, claims, demands, damages, costs, expenses and compensation on account of or in any way growing out of any and all known and unknown personal injuries and/or property damage which have resulted or which may result from the use of said access to and from city property and BLB Partnership property above referenced. 7. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, or transferees, and shall be filed of record with the Franklin County Auditor. IN WITNESS WHEREOF, the parties have signed and sealed this agreement on the date first above written. BLB PARTNERSHIP: By: Robert A. Tippett, Partner By: Robert M. Tippett, Partner Larry M. Seaman, Partner CITY OF PASCO By: Chet Bailie, Mayor APPROVED AS TO FORM: Patrick T. Roach, Acting City Attorney Dennis J. De Felice, Deputy City Attorney - .�._: ," 'ice ti - ..t,._ -_. _-:��:V:-,max:... .,,.".car. . .: �,: _...._.�__.. .. ,�'. rr. .—__ - _ _—.._ .. .. -- _. _.. J:..�(,. _ F ..,. ,.. _.. •.v .ten,.-r'A.r,. ��ti ..� ...� -.,�., : -3- STATE OF WASHINGTON) .ss. County of Franklin ) On this day of , 1978, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert A. Tippett, Robert M. Tippett and Larry M. Seaman to me known to be partners and authorized representatives of BLB Partnership, the partnership that executed the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year firstabove written. Notary Public in and for the State of Washington, residing at STATE OF WASHINGTON) :ss. County of Franklin ) On this day of , 1978, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared before me Chet Bailie to me known to be the Mayor of the city of Pasco, Washington, the corporation that executed the foregoing instrument, and acknowledged that said instrument was the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at