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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. 2/5 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. 3/5 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: F F'7-1s CITY O : K-A CO, NGTON 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 k". -e Ac Residing at: 4/5 Q My Commission Expires: 7- o I 11/1 I 134 1TE 0 10 1 %0 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. z U Nk V. Pula R 2 OF WN 1111#1100 NOTARY PUBLIC in an for Residing at: My Commission Expires: '-- 5/5 State of Washington