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HomeMy WebLinkAboutCWA dba Grapeline Property Use License Agreement Exp 12.31.22PROPERTY USE LICENSE AGREEMENT Pasco Transportation Depot Bus Dock (Non -Exclusive) 1. PARTIES. This Property Use License Agreement is made and entered into this day of it i/ 2018, by and between the City of Pasco, a municipal corporation (Landlord) and CWA Oc., dba Grape Line (Licensee). 2. PREMISES. Landlord hereby grants to Licensee the non-exclusive right to use the eastern -most bus loading and unloading dock at the Pasco Transportation Facility located at 535 North First Avenue, in the City of Pasco, County of Franklin, State of Washington, for the purpose of loading and unloading passengers. 3. TERM. This Agreement shall commence January 1, 2018, and, unless terminated as provided herein, shall continue in full force and effect through December 31, 2022. Licensee may terminate this agreement, without penalty, with 30 days written notice to the Landlord at the address herein. 4. RENT AND OTHER CHARGES. Rent payments shall commence on the effective date of this Agreement. Subsequent monthly rent payments shall be payable in advance, on or before the first day of each month of the Term. Rent shall be payable to Landlord without demand and without deduction, setoff or counterclaim. 4.1 Rent. Rent shall be the sum of $140.00 per month. Licensee shall pay a late service charge on all past due rent at the rate of five percent (5%) per month, but in no event higher than the legal limit. Rent will increase $5.00 each year of this agreement. 4.2 Security Deposit. (a) Upon execution of this Agreement, Licensee shall deposit the sum of $100.00 with Landlord 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, Landlord may apply the appropriate portion of the security deposit to cure the default or to compensate the Landlord for damage it has sustained as a result of Licensee's default. (b) If any portion of the deposit is so used, Licensee shall, upon demand, deposit sufficient cash with the Landlord to restore the security deposit �o its original amount. (c) If Licensee fully performs its obligations under this Agreement, the security deposit or any balance thereof shall be returned to the Licensee at the exiration of this Agreement, or after Licensee has vacated the Premises, whichever is later, p ovided that Landlord may retain the security deposit until such time as any amount due from the Licensee has been paid in full. 5. USE OF PREMISES. The Premises shall be used by Licensee for the loading and unloading of passengers and for other uses incidental thereto and for no other use or purpose without Landlord's prior written consent. Page 1 of 6 6. RESTRICTIONS ON USE. In connection with the use of the Premises, Licensee shall: (a) Refrain from any use that would be offensive to other licensees or tenants at the Premises or users of neighboring premises or that would tend to create a nuisance or damage the reputation of the Premises. (b) Not permit its customers to cause litter, garbage or other refuse or debris to accumulate on the Premises except in suitable garbage containers. (c) Not accept as a passenger or prospective passenger, nor permit to remain on the Premises, any person who is apparently suffering from an infectious disease; or is under the influence of illegal drugs or intoxicating liquor; causes a nuisance or is likely to cause a nuisance on a bus, vehicle or the Premises; is carrying an article or thing that is causing or is likely to cause inconvenience to other passengers; is smoking; is consuming intoxicating liquor; or is using profane or objectionable language. (d) Signs. Licensee shall not erect signage without Landlord's Orior written consent. (e) Bus and Vehicle Repair, Maintenance. No van or vehicle repair or maintenance of any kind is permitted on the Premises. (f) Condition of Vehicles. Vehicles may not exceed 12 years in age; must be maintained in good condition without broken windows and without major dents or damage. Vehicles shall be neatly and uniformly painted. (g) Maintenance. The Licensee shall ensure that maintenance is properly and regularly carried out on every vehicle operated by the Licensee on the Premises. 7. CARE OF PREMISES. Licensee shall use ordinary care in its use of the Premises, and repair any damage caused by its negligence, reasonable wear and tear excepted. 8. LANDLORD'S REPRESENTATIONS, WARRANTIES AND COVENANTS. Landlord hereby represents and warrants to Licensee that it has the full right, power and authority to enter into this Agreement. Except as specifically set forth herein, neither Landlord nor its agents have made any representations with respect to the Premises. No rights, easements, or leaseholds are acquired by Licensee by implication or otherwise except as expressly set forth in the provisions of this Agreement. 9. TAXES. Licensee shall pay all taxes assessed against and levied upon Licensee's trade fixtures, and all other personal property of Licensee contained in or around the Premises. 10. INSURANCE AND INDEMNITY. (a) Workers' Compensation. The Licensee must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability stop gap coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. Page 2 of 6 (b) General Liability. The Licensee must maintain an occurrence form commercial general liability coverage policy. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises/operation, broad form, contractual, independent contractors, and products/completed operations. The Licensee must maintain the aforementioned commercial general liability coverage with !limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the commercial general liability coverage or in combination v ith an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying commercial general liability overages. (c) Automobile Liability. The Licensee must carry Autom bile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverages afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injuryand Property Damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. (d) Hazardous Materials Coverage. Licensee must carry sufficient coverage, to the reasonable satisfaction of Landlord, for damage caused by Hazardous Materials. Said coverage to be of an amount and type consistent with industry standards and at a rate that is commercially reasonable. (e) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term to limits as reasonably specified by Landlord. (f) Additional Insured - Certificate of Insurance. The License shall provide, prior to occupancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated B + 12 or better according to Best's), licensed to d business in the state of Washington, which includes all coverages required in this Section 12. Licensee will list the Landlord as an Additional Insured on the Commercial General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non -renewed, or materially changed without thirty (30) days rior written notice to the Landlord. i 11. DAMAGE OR DESTRUCTION; CONDEMNATION. If the 'Premises are damaged or destroyed in whole or in part; or if the Premises or a substantial portion thereof are taken by condemnation or under the power of eminent domain, Landlord may, at its option, elect to to inate this tenancy. 12. SURRENDER AT EXPIRATION. Upon expiration of the Lease term or earlier termination on account of default, Licensee shall surrender the Premises in the same condition as at the commencement of the lease, reasonable wear and tear excepted. Page 3 of 6 13. DEFAULT. Licensee shall be in default of this Agreement if it fails to comply with any term or condition or fulfill any obligation of the Agreement. In the event of a default, this Agreement may be terminated at the option of Landlord by written notice to Licensee. Whether or not the Agreement is terminated by the election of Landlord or otherwise, Landlord shall be entitled to recover damages from Licensee and reserves any other remedy available to the Landlord under the applicable law. 14. MISCELLANEOUS. 14.1 Environmental Compliance By Licensee. Licensee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises. 14.2 Non -waiver. Waiver by either party of strict performanceof any provision of this Agreement shall not be a waiver of or prejudice to the party's right to r quire strict performance of the same provision or of any other provision in the future. 14.3 Notices. Any notice required or permitted under this Agre ment shall be deemed to have been given when actually delivered or 72 hours after deposited in 1he United States mail as certified mail addressed to the address first given in this Agreement or to such other address as may be specified from time to time by either of the parties in writing. 14.4 Time of Essence. Time is of the essence of the performance 6f each of the obligations under this Agreement. 14.5 Rules and Regulations. Licensee shall observe reasonable Rules and Regulations established and amended by Landlord for the Premises from time to time upon 30 days advance, written notice from Landlord to Licensee. Licensee shall have a rsonable opportunity to comment on proposed rules and regulations. 7 14.6 Assignment. Licensee shall not assign or transfer this 14.7 Compliance with Laws, Ordinances and Regulations. Licensee shall comply with all laws, ordinances and regulations of any governmental agency or public authority having jurisdiction over the Premises or Licensee's use thereof. 14.8 Responsible Party. Following is the name and phone numb r of the party which may be contacted in an emergency: Name: Richard Johnson Phone Number: (360) 543-9369 E-mail: Richard@airporter.com 14.9 Licensee To Supply Information. The Licensee shall, whenever requested by the Landlord to do so, furnish to the Landlord full and correct information requested by the Landlord. 14.10 Fares and Timetables. The Licensee shall make available to Landlord and to any person on demand the following information: Page 4 of 6 (1) each route along which a van or vehicle is operated; (2) stops along each route; (3) the approximate times at which a van or vehicle wil route; (4) the fares payable by passengers; and (5) the class of van or vehicle provided for the route ser, be available along each 14.11 Illegal Purposes. Licensee shall not use a van or vehicle for an illegal purpose or cause or permit the vehicle to be used for an illegal purpose. 14.12 Enforcement and Attorneys' Fees. In the event that either party to this Agreement shall bring a claim to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 14.13 Discrimination. Licensee shall not discriminate againsf any passenger because of sex, age, race, color, creed, national origin, marital status or the Rresence of any disability, including sensory, mental or physical handicap. 15. NOTICES. Notices to the Landlord shall be sent to the following address: Administrative and Community Services Department City of Pasco PO Box 293 Pasco WA 99301 Notices to the Licensee shall be sent to the following address: Richard Johnson, President CWA Inc. 1416 Whitehorn St. Ferndale WA 98248 I Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper- postage and properly addressed. IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be executed as of the day and year first above written. Landlord: City of Pasco Mil Dave ell, City Manager— Page anage Page 5 of 6 Licensee: CWA, Inc.