HomeMy WebLinkAboutNorthwest Motorcoach Assocation - Gesa Stadium Parking Lot Agreement'.
PROPERTY USE LICENSE AGREEMENT
(Parking Lot -Northwest Motorcoach Association)
GESA Stadium, 6200 Burden Blvd Pasco WA 99301
THIS PROPERTY USE LICENSE AGREEMENT ("Agreement") is made and
entered into this 3rd day of September 2019, between the City of Pasco,
Washington, a Municipal Corporation ("Owner"), and Northwest Motorcoach Association
("Licensee"), and designates the terms below for and in consideration of the mutual covenants
contained herein, and agreement as follows:
SECTION I
GRANT OF LICENSE
Subject to and upon the terms set forth herein, the Owner grants to Licensee a permissive
nonexclusive license to use, for the specific purposes provided below, the property as described
in the attached Exhibit "A".
SECTION II
PURPOSE OF LICENSE
This license is granted to allow Licensee to utilize the premises for a Bus Rodeo and for
no other use or purpose without owner's prior written consent. On the days specified in Section
ill below, Licensee is authorized to set up, stage event and provide clean up and necessary
repairs on the subject premises.
SECTIONill
TERM OF LICENSE
This license shall be effective Wednesday October 9, 2019 only.
SECTION IV
LICENSE FEE/DEPOSIT
1. Licensee shall, upon execution hereof, pay to the Owner, the sum of two hundred fifty
dollars ($250.00) in consideration of the grant of this license.
2. Upon execution of this license, Licensee shall deposit the sum of five hundred
dollars ($500.00) with Owner 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, Owner may apply the appropriate portion of the security deposit to cure the default or
to compensate the Owner for damage sustained as a result of Licensee's default. If Licensee
fully performs its obligations under this license, the deposit, or any balance thereof, shall be
returned to the Licensee at the expiration of this license. ·
Property Use License Agreement -I
I •
SECTIONV
CONDITIONS OF USE AND IMPROVEMENTS
All uses and improvements on the premises shall be maintained by the Licensee in good,
orderly, and functional condition, free of all litter and debris, obstructions or any condition that
may represent a haz.ard to the public. Licensee shall exercise care to avoid damage to the
property and/or improvements. Licensee shall promptly notify Owner of any damage to the
prermses.
SECTION VI
SPECIAL CONDffiONS
1. Limited to no more than six ( 6) buses.
2. Event must be complete by 4:00 p.m. Clean-up to follow.
3. Conduct event as far from east side of parking lot as possible.
SECTION VII
INDEMNIFICATION
Licensee shall be responsible for any and all costs, damages, or expenses arising from its
use of the premises and agrees to defend, indemnify and hold Owner, its employees, officers and
agents harmless from and against any loss, costs, damage, injury, expenses, claims,judgments,
and causes of action the Owner may incur arising out of or in connection with the Licensee's use
of the premises.
SECTION VIII
INSURANCE
1. Licensee, at its sole expense, shall place and maintain in effect throughout the
term of this License the following insurance (collectively, the "Insurance"): Commercial general
liability insurance with limits of not less than $1,000,000 each occurrence and $2,000,000 in the
aggregate, written on Insurance Services Office (ISO) occurrence form CG 00 01, insuring
against all liability arising out of and in connection with Licensee's use and occupancy of the
Premises and with Licensee's exercise of its rights granted under this License, including
premises and contractual liability and naming Owner and its employees, officers and agents as
Additional Insured using ISO Additional Insured-Managers or Lessors of Premises Form CG 20
11 or a substitute endorsement providing equivalent coverage.
2. Certificates of such coverage and endorsements, in form satisfactory to Owner,
shall be furnished to Owner prior to exercise of the rights granted by this license and each shall
provide that said coverage will not be changed or cancelled without forty-five ( 45) days written
notice to Owner. Licensee's insurance coverage and Vendor's coverage shall be primary as
respects Owner. Any insurance, self-insurance or insurance pool coverage maintained by Owner
shall be excess of Licensee 's and Vendor's insurance and shall not contribute with it. All
insurance shall be placed with insurers with a current A. M. Best rating of not less than A:VII.
Property Use License Agreement -2
SECTION IX
COMPLIANCE WITH LAW
Licensee shall comply with all laws, ordinances and regulations of any governmental
agency or public authority having jurisdiction over the property or licensee's use thereof.
SECTIONX
TERMINATION
This license may be terminated by:
1. Written notice of either party giving not less than thirty (30) days notice of its
intent to terminate the agreement.
2. Substantial change in the premises, the laws and regulations and standards
applicable to the use of the premises which are inconsistent with the grant of this license;
3. Default by the Licensee of any terms of this Agreement which remain uncured ten
(10) days after notice of such default has been given by the Owner; or
4. Expiration of the initial term.
SECTION XI
GENERAL PROVISIONS
For this purpose of this Agreement, time is of the essence. Should any dispute arise
concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in
Franklin County, Washington, the laws of the State of Washington will apply, and the prevailing
party will be entitled to additional judgment against the other of its reasonable attorney fees and
costs.
IN WITNESS WHEREOF, the parties have executed this License Agreement on the
date and year first above written.
DATED this 3rd day of September 2019.
Licensee: Northwest Motorcoach
Association ....-
By: / l ~ ~~v -------By: Mary Presley
ai, Director
Administrative & Community Services It's: Executive Administrator
Property Use License Agreement -3
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