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Home My WebLink AboutPerry Techinical Institute - Revocable License Agreement%TMFA_TMrT,MrA_WrM7TF1 City of Yakima Attn: Yakima Transit 2301 Fruitvale i'. +9.... WA 98902 ® PTI: Perry Technical Institute, owned and operated by the Harriet 1. Perry Trust, a common law trust City: City of Yakima, Washington, a municipal corporation SUBJECT ® That portion of parcel no. 181335-14008 in the City of Yakima, Yakima County, Washington, to -wit: Beginning at the southwest comer of the southeast quarter of the northeast quarter of Section 35, Township 13 North, Range 18 East, W.M.; thence North, along the section line, 30 feet; thence East, along the southern parcel line, 100 feet to the Point of True Beginning; thence North, perpendicular to the southern parcel line, 7 feet; thence East, parallel to the southern parcel line 12 feet; thence South, perpendicular to the southern parcel line, 7 feet; thence West to the Point of True Beginning. The PTI Property at issue herein consists of approximately 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 TI's property along West Washington Avenue for the convenience of the public. PTI owns the above-described PTI Property (hereinafter "Property"), which is part of parcel no. 181335®1 and wishes to provide said property to be used as a bus stop and bus shelter for its students, visitors and the public. Page -I benches,City and PTI agree that related passenger amenities may include, without limitation, 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 PTI providedthat such use is subject to the terms and condition of this Agreement. I . License. For and in consideration of the covenants and agreements contained herein, the convenience to the students of PTI to have a bus shelter on PTI Property, PTI 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. ProDertv Access and Location.route for access and passenger bus stop and related passenger amenities will be located generally as set forth in Exhibit A.. 3. Use of the PLgperty: Use of the Property by the City is strictly permissive. No improvement ad e 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 p"TI'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. PTI shall allow the City and the public who use the transit system to use the passenger bus stop and related amenities. PTI shall not obstruct or interfere with reasonable access to the passenger bus stop and related amenities during the term of this Agreement. City shall not i';i' pick up point for scheduled public transi# i' agreed i in writing by PTI. 4. Improvements on construction,# 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 jointly approved by the City Engineer or an engineer retained by the City ("City Engineer" herein) and by PTL The City shall ensure that the construction, and any reconstruction landscaping.shelter is completed in such a manner that minimizes damage to the surrounding The City agrees to make any modifications - # irrigation 5. Tenn. 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 license shall automatically extend for additional ten (10) year periods if not terminated as outlined herein. 6. Termination ILMHUM, LHUL UIC ring UIC 1111LIM LCHII SHIRLITi, I VII VI L C V interferes with its future use or development of the adjoining property during said initial term 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 PTI's Property. Nothing in this Agreement shall be construed as obligating the City to provide transportation services to PTI. 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 PTI, restore the area to the condition existing prior to the installation of the improvements unless PTI requests a lesser level of restoration, in writing. 8. Indemnification: The City shall protect, defend, indemnify and hold PTI, 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 PTI, 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 occum because of the use, operation or maintenance of the im-orovements by the City PTI 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 Ali 6,1,6, Wr jjj i ej 1 or g"Ite , i k i .1 its. *!r voljjnteers . I ,, i W -l", ea gi iffic connected with personal injuries or property damage operation, or maintenance of PTI property other than negligence with regards to the Property. occurring because of the use, the Property, or due to PTI's 9. Liability Insurance. The City shall provide proof of insurance satisfactory to PTI prig to the execution of this Agreement. 10. Parties Bound: Subject to the termination ,provisions herein, this Agreement shall inure tot e benefit of and be binding upon the parties hereto, their heirs, successors and assigns. 11. Irate .ation: This writing constitutes the entire agreement of the parties and its execution is authorized by the respective governing bodies; 11Notices: 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 ether addresses as may have been theretofore specified by written notice delivered in accordanceherewith: If to the City: City of Yakima 129N.2na Street Yakima, ,A 98901 Attn: Cliff Moore, City Manager If to PTI: Perry Technical Institute 2011 W. Washington Avenue Yakima, A 98903 Attn: Christine Cote, president 13. C'a acit 4 Due Authorization: PTI 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 d that this Agreement has been duly authorized and executed and that it shall constitute the legal, valid and binding obligation of PTI, 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 sh l be interpreted 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 sh l 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, 'Ibis Agreement can only be amended or modified in writing "signed by both parties. Page -4 17. SeverabiliW In the evert 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 it the termination of the Agreement awnless the court fins that the remainder of the Agreement cannot be enforced absent the stricken to DATED tis day of January, 201 CITY OF YAKIMA, WASHINGTON 6d A City Manager ATTEST: CITY CORTRkT O: k ' 1 RESOLUTION NO:_X� m - Perry Technical Institute (PTI) STATE OF WASHINGTON} « )ss County of I certify that I knew or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the use and purposes mentioned in the instrument. Given under my hand and official seal this — day of _ � , Signator PrintedName: r 1. y� Notary E'oliC in and :for the State of Washington, residing at PURO C, .¢ O wFps. ��/tryCmissiionExpires: Pae -5 T TO SCALE