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Home My WebLink AboutYakima Theatres, Inc. - Revocable License AgreementAfter Recording Return To: - City of Yakima Attn: Yakima Transit 2301 Fruitvale'Boulevard Yakima, WA 98902 REVOCABLE LICENSE AGREEMENT PARTIES: YTI: Yakima Theatres, Inc. City: City of Yakima, Washington, a municipal corporation SUBJECT PROPERTY:' - That portion of parcel no. 181313-22406 in the City of Yakima; Yakima County, Washington, to -wit: Beginning at the southwest corner of the northwest quarter of the northwest quarter of Section 13, Township 13 North, Range 18 East, W.M.; thence South 89°54'20" East 57 feet, thence North 0° 00' East 895 feet, to the Point of True Beginning, thence North 90°00' East 7 feet, thence North 0°00'< East 12 feet, thence South 90°00'West 7 feet, thence South to the Point of True Beginning. The YTI Property at issue herein consists of 84 square feet and is shown in Exhibit "A" attached hereto and incorporated herein by reference. RECITALS: The City of Yakima owns and operates a transit system :and wishes to maintain a passenger bus stop and related passenger amenities on YTI's property along North 16th Avenue for the convenience of the public. YTI owns the above-described YTI Property (hereinafter "Property"), which is part of parcel no. 181313-22406 and wishes to provide said property to be used as a -bus stop and bus shelter for its students, visitors and the public. Page -1 City and YTI agree that related passenger amenities may include, without limitation, benches, shelters, concrete slabs, bicycle racks, trash cans, and wheelchair access ramps.' In order to address safety and comfort of bus riders, the City proposes to acquire a license to use the Property for the purposes of installing a bus "shelter. The City's use of the Property is agreeable to YTI provided that such use is subject to the terms and condition of this Agreement. AGREEMENT: 1. License. For and in consideration of the covenants and agreements contained herein, the -convenience to the patrons of YTI to have a bus shelter on YTI Property, YTI hereby grants to the City a license to use the Property solely for the purposes hereinafter stated and subject to the terms and conditions outlined herein. 2. Property Access and Location, The travel route for the City transit system access and passenger bus stop and related passenger amenities will be located generally as set forth in Exhibit "A": - 3. Use of the Property: Use of the Property by the City is strictly permissive. No improvement made by the City shall ,be considered as establishing any right or claim of ownership thereof in favor of the City, whether by claim of "adverse possession or otherwise, and the City expressly agrees to not contest YTI's right and title to the Property. The City may use the Property solely for the construction and installation; of a bus shelter, together with appropriate and necessary maintenance of the same. YTI shall allow the City and the public who use the transit system to use the passenger bus ;stop and related amenities. YTI shall not obstruct or interfere with reasonable access to the passengerbus stop and related amenities during the term of this Agreement. City shall not use the Property for a pick up point for other than regularly scheduled public transportation services unless agreed to by YTI. 4. Improvements on the Property: The construction, , installation and any reconstruction of the bus shelter shall be performed by the City or its contractors at its sole cost and expense in accordance with plans and specifications approved by the City Engineer or an engineer retained by the City ("City Engineer" herein) and YTI. The City shall ensure that the construction, installation and any reconstruction of the bus shelter is completed in such a manner that minimizes damage to the surrounding landscaping. The City agrees to make any modifications required for the irrigation system and repair any sod damaged caused by the construction. 5. Term. This Agreement shall become effective as of the execution date. The initial term for this license shall be ten (10) years from the execution date. This Page -2 license shall automatically extend for additional ten (10) year periods if not terminated as outlined herein. 6. Termination YTI may terminate this Agreement upon ninety (90) days written notice to the City at any time after the initial term of this Agreement. The City may terminate this Agreement at any time upon a finding that it is no longer in the best interest of the City, the public, or the users of the transit system to operate and maintain a passenger bus stop ; and related passenger amenities on YTI's Property. Nothing in this Agreement shall be construed as obligating the City to provide transportation services to YTI. 7. Removal of Improvements Upon Termination Upon termination of this Agreement, the City shall have the right and obligation to remove the passenger bus stop, bus shelter and/or any related amenities within 90 days- of the effective date of the termination. Further, the "City shall, at no cost to YTI, restore the area to the condition existing prior to the installation of the improvements unless YTI requests a lesser level of restoration; in writing. 8. Indemnification: The City shall protect, defend, indemnify and hold YTI, and its officials, employees and agents,' harmless from and against any and all claims, demands, losses, damages, liens, liabilities, penalties, fines; lawsuits, and other proceedings, and any costs and expenses' associated with the same (including attorney's fees and disbursements, whether in litigation or not), which accrue to or are incurred by YTI, or its officials, employees or agents, and which arise directly or indirectly from or out of, relate to, or in any way are connected with personal injuries or property damage occurring because of the operation or maintenance of the YTI Property. YTI 'shall indemnify, defend, and hold harmless the City, its elected and appointed officials, employees, attorneys, agents and "volunteers, from and against any and all claims, demands, losses, damages; liabilities, penalties, fines,; lawsuits, and other proceedings, and any costs and expenses associated with the same (including attorney's fees and disbursements, whether in 'litigation or not), which accrue to or are incurred by the City,or its elected or appointed officials, employees, attorneys, agents, or volunteers, and which arise directly or indirectly from or out of, relate to, or in any way are connected with personal injuries or property damage' occurring because of the use, operation, or maintenance of YTI property other than the Property, or due to YTI's negligence with regards to the Property. 9. Liability Insurance. The City shall provide proof of adequate insurance to YTI prior to the execution of this Agreement. 10. Parties Bound: Subject to the termination provisions herein, this Agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors and assigns. Page -3 11. Integration: This writing constitutes the entire agreement of the parties and its execution is authorized by the respective governing bodies. 12. Notices: All notices required or permitted hereunder shall be in writing and shall be deemed to be delivered three (3) days after having been deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth below or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to the City: City of Yakima 129 N. 2nd Street Yakima, WA , 98901 Attn: Cliff Moore, City Manager If to YTI: Stephen Mercy P.O. Box 50 Yakima, WA 98907 13. Capacity, Due Authorization: YTI affirms and warrants that the individual whose signature appears below on its behalf has the full power, capacity, and legal right to execute this Agreement and that this Agreement has been duly authorized and executed and that it shall constitute the legal, valid and binding obligation of YTI, enforceable in accordance with its terms. 14. Waiver. No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provisions. 15. Applicable Law, Jurisdiction, Venue and Fees. The performance of this Agreement shall be in compliance with all applicable' local, state and federal laws and regulations. This Agreement shall be interpreted and enforced pursuant to and in accordance with the laws of the State of Washington. Venue for any action or proceeding to enforce or interpret this Agreement shall lie in Yakima County, Washington. In any action brought between the parties to enforce this Agreement, each party shall bear its own attorney's fees and costs, including any incurred on appeal. 16. Amendment or Modification. This Agreement can only be amended or modified in writing signed by both parties. 17. Severability. In the event that any term of this Agreement is adjudged by a court of competent jurisdiction to be invalid, such adjudication shall not affect or nullify the remaining terms thereof, nor shall it result in the termination of the Agreement unless the court finds that the remainder of the Agreement cannot be enforced absent the stricken term. Page -4 DATED this :` qday of tee,) 20 1"I . CITY OF YAKIMA WASHINGTON City Manager ATTEST: a City Clerk CCTV CONTRACT NO: Rr=soi.UTIO A NO: Yakima T atres, Inc. (YTI) r Its: C 'e 'a;A er,+ STATE OF WASHINGTON ) ) ss County of ) I certify that I know or have satisfactory evidence that , at � '. Mer -e-, _ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the 6se and purposes mentioned in the instrument. Given under my hand and official seal this .641 day of 20 1 Signature: p: *m Printed Name: NOTARY b PUBLIC Not ry, Public in and for the State of Washington, residing at oComm. EXPIRES R SEPT. 28,2olg My Commission Expires: OP Page -5