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HomeMy WebLinkAboutFranklin Co Fire Protection District 3 - Facility Use AgreementFILED FOR RECORD AT REQUEST OF: City of Pasco WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 FIRE DEPARTMENT FACILITY USE AGREEMENT THIS FIRE DEPARTMENT FACILITY USE AGREEMENT ("Agreement" is entered into this J,? day of Dycq wkte , 2016, between the City of Pasco, a Washington Municipal Corporation ("City") and Franklin County Fire Protection District No. 3 ("District") and. WHEREAS, City is the owner of a fire department facility ("the Facility") at 1208 Road 48, Pasco, Washington; and WHEREAS, District owns a Water Tender that is used to provide water to the areas without fire hydrants within the boundaries of the Franklin County Fire Protection District and the City of Pasco pursuant to the Interlocal Agreement between the District and City executed on the 21 st day of September, 2015. WHEREAS, District desires to utilize the Facility for storage purposes for its Water Tender, and WHEREAS, RCW 52.12.031 gives fire protection districts the authority to enter into this Agreement for storage purposes for its Water Tender, and WHEREAS, the parties agree that in carrying out the terms of this Agreement, a Water Tender stored indoors at the fire station located at 1208 Road 48 in Pasco, Washington, is in the best interest of public safety. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Effective Date. This Agreement shall be effective on 2016, and shall continue until terminated according to the provisions of this Agreement. 1 2. Responsibilities of City. City agrees to allow District the use of one 15' X 38" bay within the Facility designated by the City for the storage of District's Water Tender. City also agrees to pay all necessary utilities associated with the fire station and to keep the storage bay in good working order. 3. Facility Fee and Payment Schedule. As consideration for the permission to use the bay for the storage of the Water Tender, District agrees to pay to City rent in the amount of $216.60 per month from the effective date until terminated. District agrees to pay City this rent monthly within 30 days of receipt of an invoice from City. 4. Termination. Either party to this Agreement may terminate the Agreement at any time upon (30) days advance written notice prior to the end of the calendar month. 5. Indemnity and Hold Harmless. City agrees that it will protect, save, defend, hold harmless and indemnify District, its employees, volunteers, officers and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of City's obligations and responsibilities under this Agreement, including accidents, injuries, or other occurrences, that arise out of the negligent acts or failure to act of City's employees, volunteers, officers and agents. District agrees that it will protect, save, defend, hold harmless and indemnify City, its employees, volunteers, officers and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of District's obligations and responsibilities under this Agreement including accidents, injuries, or other occurrences, that arise out of the negligent acts or failure to act of District's employees, volunteers, officers and agents. District has inspected the Facility and finds it acceptable for its intended uses at the time of the execution of this Agreement, and accepts it in its present "as -in" condition without any warranties as to its suitability for the District's intended use. 6. Insurance. Each agency shall at all times carry liability insurance (or participate in self-insurance agreements) in the minimum amount of $1,000,000 covering all incidences caused by its own equipment or activities of its personnel related to the performance of this Agreement. 7. Limitation of Agreement. This Agreement is entered into for the benefit of the parties to this Agreement only. The Agreement is not intended to confer any benefit on any other parties and therefore no other or third party shall be entitled to rely on the terms of this Agreement or anticipate receipt of any benefit as a result of the performance of this Agreement. 2 8. Notices. All notices, request, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been served at the time of delivery if personally delivered or delivered, or at the time of mailing, if mailed by first class, postage prepaid, and addressed to the party at its address as stated in this Agreement, or at such other address as the party may designate at any time in writing to the other party. City of Pasco 525 N 3`d Avenue Pasco, WA 99301 Franklin County Fire Protection District #3 7809 Road 36 North Pasco, WA 99301 9. Assignment or Subletting: District is prohibited from either assigning or subletting all or any portion of the Facility during its use of the Facility. 10. Dispute Resolution. Except for the payment of rent, in the event of a dispute regarding the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. 11. Amendment. No modification, termination or amendment of this Agreement may be made except by written agreement signed by both parties hereto. 12. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 13. Governing Law. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Washington, and the parties agree that in any such action venue shall lie exclusively in Franklin County, Washington. 14. Entire Agreement. The entire agreement between the parties hereto is contained in this Agreement and the exhibits hereto, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this c transaction. This Agreement may be amended only by written instrument executed by the parties subsequent to the date hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. City of Pasco, Washin ton Franklin County Fire Protection Dis rict No. 3 By:Z & By: ` bave9ZTDrty Manger Title: ?s'IV Ch;&4' STATE OF WASHINGTON ) ss County of Franklin On this day personally appeared before me Dave Zabel], City Manager of the City of Pasco, Washington, to be known to be the individual 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. 0 GIVEN under my hand and official seal this /✓" day of , 2016. 1 A TONI L. ZUNKER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 3, 2020 NOTARY PUBLI in AT Residing at 04-4 My Commission Expires STATE OF WASHINGTON ) ss County of Franklin ) of Washington On this day personally appeared before me ON*, C�' �k6yr e' E{Ife C of Franklin County Fire Protection District No. 3, to be known to be the individual 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 this I'2:K day of �lorys.Qoa ✓, 2016. Q� `;•�oNt,� NOTARY BIC in and for the e of Wash' ton r 6..•`' a o a l •,a 4., Residing at Pasco 6 >�:' r©taq'r' r Y ' * My Commission Expires 13 29 20 _.. 4 an