HomeMy WebLinkAboutJilek Parking Lot Agree 09.02.10PROPERTY USE LICENSE AGREEMENT
THIS PROPERTY USH LICENS AGREEMENT ( "Agreement ") is
made and entered into this— day of 20 /0 , between the
City of Pasco, Washington, a Municipal orporation ( "Licensee "), and Jilek
Properties, LLC ("Owner"), and designates the terms below for and in
consideration of the mutual covenants contained herein, and agree as follows:
SECTION I
BASIC TERMS
The following items of information are specific to this Licensee:
Commencement Date of this License: September 1, 2010.
2. The subject property is legally described as follows:
ALL BLOCK 9, AMENDED PLAT PIERRETS SUBDIV.
TOGETHER WITH AND SUBJECT TO EASEMENTS,
RESERVATIONS, COVENANTS, AND
RESTRICTIONS OF RECORD AND IN VIEW.
SECTION II
GRANT OF LICENSE
Subject to and upon the terms set forth herein, the Owner grant to Licensee
a permissive nonexclusive license to use for the specific purposes provided below
upon the property as described above.
115
19 cl3
Zona G. Lenhart. Auditor, Franklin County, WA.
AFN # 1756627 Recorded miot2010 at 10:47 AM
WHEN RECORDED RETURN TO:
DocType: AGREE 6 Page(s) Filing Instrument $66.00
Recorded at the request of: PASCO CITY OF
City of Pasco, Washington
Attn: Admin & Comm Svc
525 North 3rd Avenue
Pasco, WA 99301
PROPERTY USE LICENSE AGREEMENT
THIS PROPERTY USH LICENS AGREEMENT ( "Agreement ") is
made and entered into this— day of 20 /0 , between the
City of Pasco, Washington, a Municipal orporation ( "Licensee "), and Jilek
Properties, LLC ("Owner"), and designates the terms below for and in
consideration of the mutual covenants contained herein, and agree as follows:
SECTION I
BASIC TERMS
The following items of information are specific to this Licensee:
Commencement Date of this License: September 1, 2010.
2. The subject property is legally described as follows:
ALL BLOCK 9, AMENDED PLAT PIERRETS SUBDIV.
TOGETHER WITH AND SUBJECT TO EASEMENTS,
RESERVATIONS, COVENANTS, AND
RESTRICTIONS OF RECORD AND IN VIEW.
SECTION II
GRANT OF LICENSE
Subject to and upon the terms set forth herein, the Owner grant to Licensee
a permissive nonexclusive license to use for the specific purposes provided below
upon the property as described above.
115
19 cl3
SECTION III
PURPOSE OF LICENSE
This license is granted to allow Licensee to utilize the premises for parking
and access by the public to Wade Park and the river trail that runs parallel to the
Columbia River.
SECTION IV
TERM OF LICENSE
This license shall continue in force during a period beginning on the
commencement date and continuing for a period of five (5) years unless earlier
terminated as provided below. At the end of the term an additional five (5) years
will begin, provided neither Owner nor Licensee gives notice of termination, this
Agreement, and all of its terms and conditions, except for those contained in
Section IX, shall continue in full force and effect on a month -to -month basis with
30 days written notice required for termination.
SECTION V
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 hazard to the public. Licensee
shall control weeds and otherwise maintain property in a neat condition. Upon
the termination of this license, Licensee shall within sixty (60) days after written
notice by the Owner, terminate all uses and remove all improvements upon the
premises at the sole cost and expense of the Licensee.
SECTION VI
OWNER'S EXCLUSIVE USE OF PREMISES
Owner shall have exclusive use of the premises on July 4ch of each year and for
the days coinciding with the hydroplane boat races (typically the last Friday,
Saturday and Sunday in July) and Licensee acknowledges that the premises shall
not be available for public use under the terms of this license during said days.
SECTION VII
NO FEE
Licensee agrees that it shall not impose any fee upon members of the
public for the use of said property for such purposes as herein described. This
restriction is intended to protect the public from liability through the provisions of
the State Recreational Land Use Indemnity Statues.
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SECTION VIII
INDEMNIFICATION
Licensee shall be responsible for any and all costs, damages, or expenses
arising from its use or improvements of the premises and agrees to defend,
indemnify and hold Owner harmless from and against any loss, costs, damage,
expense, claims, judgments, and causes of action the Owner may incur arising out
of or in connection with the Licensee's use and improvements upon the premises.
SECTION IX
TERMINATION
This license may be terminated by:
1. Written notice of either party giving not less than 90 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 or any monthly extension.
SECTION X
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the date and year first written below.
DATED this o?day of 2010.
7
OWNER:
JILEK PROPERTIES, LLC
14encer S Jilek Mne E Jilek
LICENSEE:
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CITY O : K-A
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Gary
Crutch -field
City Manager
STATE OF WASHINGTON)
ss.
County of Franklin
On this day personally appeared before me SPENCER JILEK and JANE
JILEK, to be known to be the representatives of Jilek Properties, LLC described
in and who executed the within and foregoing instrument, and acknowledged that
they signed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
Glyj-N under my hand. and official seal this day of
2010.
NOTARY PUBLIC in and for the State of Washington
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Residing at:
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My Commission Expires: 7- o I
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STATE OF WASHINGTON
: ss.
County of Franklin
On this day personally appeared before me GARY CRUTCHFIELD, City
Manager of the City of Pasco, 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 3�- day of
2010.
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NOTARY PUBLIC in an for
Residing at:
My Commission Expires: '--
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State of Washington