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HomeMy WebLinkAboutGreen Tree RV Park & Mini Storage - R/W Encroachment License AgmtFILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: AFN n 1847660 RW City of Pasco, Washington 07108no1612:06 PM 4Pa es 525 North 3d Avenue Matt Beat n, Auditor Pasco, WA 99301 Franklin Co.. wA FkVzOEL, 113 233 i -U)r-i':rRIGHT-OF-WAY/ENCROACHMENT LICENSE AGREEMENT SOUP THIS AGREEMENT entered into this `day of C44rf, 2815, by and between Donald Lenseigne, owner of the Green Tree RV Park and Mini -Storage, hereinafter referred to as "Licensee", and the City of Pasco, Washington, a Municipal Corporation, hereafter referred to as "City." WHEREAS, the Licensee desires to or has constructed certain improvements which encroach upon the right-of-way and/or easement described herein, and desires to maintain such improvements within the City's right-of-way/easement; and WHEREAS, the Licensee recognizes that said improvements are subject to, and secondary to the City's primary public use of the right-of-way/easement, and that such improvements may be removed and/or damaged as a result of the City's use of its right- of-way/easement; and WHEREAS, the City is desirous to allow Licensee to make beneficial use of their improvements without creating a risk of adverse possession or easement by prescription, and without exposing the City to any liability arising out of such beneficial use; and WHEREAS, the City and Licensee both agree that Licensee's current sign at this location may interfere with the necessary use of the City fire hydrant located in the right-of-way in the same location and that modifications, at Licensee's expense, to the current sign are necessary. NOW, THEREFORE, and in consideration of the mutual terms and covenants contained herein, this License is granted by the City to Licensee according to the following terms and conditions. License Agreement - I C) �9 1. Grant of License. The City does hereby grant to Licensee a License to modify and maintain a permanent sign upon its real property more particularly described as the right-of-way adjacent to Parcel 113452336, described in Exhibit A, which is attached hereto and incorporated herein, and is generally designated upon the photograph designated as Exhibit B, and will be modified according to the preliminary design sketch designated as Exhibit C. 2. Term of License. This License shall commence upon execution and shall be for a term of ten (10) years from the date of execution. After said ten (10) year term, this License shall renew on the anniversary of the date of execution each year for a one (1) year term, until such time as either party chooses to terminate this Agreement as provided in Section 3 below. 3. Termination. This Agreement may be terminated at any time by the City should the City choose to widen the street at the location of the affected property, at which time the City shall have the right to terminate this Agreement and remove the sign or cause the sign to be removed. In the event the Licensee cannot complete the modification of the sign as agreed to in this Agreement, and as depicted in Exhibit C, this Agreement and City's promises herein shall be null and void. In the event the Licensee violates any term of this Agreement, this Agreement and the City's promises herein shall be null and void. 4. Development. Upon execution of this Agreement, the Licensee shall within thirty (30) days obtain a building permit and begin construction of the modifications to the base of the sign as depicted in Exhibit C. Construction shall be completed within ninety (90) days of the execution of this Agreement. All modifications to the sign shall be in compliance with PMC 17 (Sign Code). 5. Maintenance of Right-of-Wav/Easement. Licensee shall maintain the right-of-way/easement encroachment areas as designated on Exhibits A and B, including maintaining the improvement thereon in a well maintained and working condition, free of defects, deterioration or damage which may pose a risk to users of the adjacent right-of-way/easement and any City utilities or property located thereon. Landscaped areas within the encroached licensed areas shall be maintained in a clean and litter -free condition with all landscaping kept in an attractive and pest -free condition. Failure to maintain the encroachment area and landscaping as herein described, shall constitute a default of this Agreement, resulting in its termination by the City and the removal of all improvements within the right-of-way/easement, as determined by the City of Pasco Public Works Director. 6. Hold Harmless. Licensee does hereby agree to hold harmless, defend and indemnify the City for any loss, claim, or damage arising out of Licensee's construction, maintenance, and use of the property subject to this License. In License Agreement - 2 furtherance of this obligation, Licensee shall pay all costs and reasonable attorney fees associated with this obligation of indemnification. 7. License Runs With the Land. The terms and conditions of this License, while personal to the Licensee, shall run with the land described in the attached Exhibit A, for the benefit of its successors in interest, subject to the terms of this Agreement including the rights of termination as provided in Section 3 above, and shall not be assignable by the Licensee to any other party except on the prior written consent of the City. In the event a sale is negotiated of the real property and/or business subject to this License, the Agreement shall remain intact, and shall run with the land. To that effect, this Agreement shall be recorded with the Franklin County Auditor upon its execution, and attached with the parcel of land that is the subject of the Agreement. 8. Binding Terms. All terms and conditions of this License shall be binding upon the parties hereto, their officers, employees, agents, subcontractors, heirs and assigns 9. General Provisions. Except for actions for injunctive relief or specific performance, should any dispute arise between the parties as a result of breach, interpretation, or performance of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. If the dispute is unresolved, with or without the assistance of mediation, the dispute shall be resolved by arbitration pursuant to RCW 7.04A, with venue being placed in Franklin County, Washington, and the prevailing party shall be awarded its attorney fees and costs against the other as an additional judgment. '^ 201, DATED this 2i day of, Z /7M CITY: City of Pasco, Washington j2zdle_� Dave ell, City Manager LICENSEE: Green Tre ar1F and Mini -Storage Donal em eig�m , er License Agreement - 3 STATE OF WASHINGTON) ss County of Franklin On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. cp GIVEN under my hand and official seal this day of TON KER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES Notary Public in and f th State` of Washington MARCH 3, 2020 Residing at I� . [1w7lC.P. My Commission Expires STATE OF WASHINGTON) ss County of 6e?,.1'TprJ ) On this day personally appeared before me Don Lenseigne, a married man, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this3l s+day of Yn is 201k. W Notary Public State of Washington JENNIFER A. GARDNER MY COMMISSION EXPIRES FEBRUARY 04,2018 License Agreement - 4 No Publi in and for the State of Washington Rest 'gat Wi ST- P IcrKrbJ J My Commission Expires _;:4412-019