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
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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.
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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