HomeMy WebLinkAboutPermann, Clark & Tanya - License Agreement - use of property Return to:
Clark and Tanya Permann
4704 Carol Avenue
Yakima, WA 98908
LICENSE AGREEMENT
LICENSOR: CITY OF YAKIMA, a Washington municipal corporation
LICENSEE: CLARK AND TANYA PERMANN, husband and wife
LEGAL DESCRIPTION: A portion of Lot 32 of N.A. Medley Oakridge
Subdivision
Assessor's Tax Parcel I.D.: 181327 -32491
THIS AGREEMENT is made this 2 ( day of March, 2002, by and between the City of
Yakima, a Washington municipal corporation, hereinafter referred to as "LICENSOR" and
CLARK PERMANN and TANYA PERMANN, husband and wife, hereinafter referred to as
"LICENSEE ".
In consideration of the mutual promises and covenants contained in this Agreement, the
parties hereto agree as follows:
1. Grant of License. LICENSOR hereby grants to LICENSEE a license to use, subject to
all of the terms and conditions of this Agreement, the following- described real property located
in Yakima County, Washington, to -wit:
Commencing at the Southwest corner of Lot 32 of N.A. Medley Oakridge
Subdivision, as recorded in official records of Yakima County, Washington,
thence South 13 feet, thence East 78 feet, thence North 18 feet, thence West along
the South line of said Lot 32 a distance of 78 feet to the point of beginning.
The above - described real property may be used by LICENSEE solely to maintain a
fenced backyard extension and for lawn/landscaping purposes and for incidental uses relating to
such purposes. No permanent structure of any kind shall be constructed or maintained on the
property. LICENSEE shall comply with all applicable federal, state, and local laws, regulations,
and ordinances.
2. License Fee. LICENSEE shall pay LICENSOR an annual license fee of $25.00.
3. LICENSOR'S Title. LICENSEE acknowledges the legal fee title of LICENSOR to the
above - described real property and agrees never to deny such title or to claim title in LICENSEE'S
name. LICENSEE expressly agrees that it does not and shall not claim at any time any interest or
estate of any kind or extent whatsoever in the above - described real property of LICENSOR, by
virtue of the rights granted under this License Agreement, LICENSEE'S occupancy or use under
this Agreement, or any other basis.
4. Indemnification. LICENSEE shall protect, defend, indemnify, and hold LICENSOR,
and its agents and employees, harmless from and against any and all claims, lawsuits, damages,
and liabilities for personal injuries, property damage, environmental claims, or for loss of life or
property resulting therefrom, which in any way arise from or are connected to or related to the
condition or use of the real property covered by this License Agreement, or any means of ingress
to or egress from said real property, except liability for personal injuries, property damages, or
loss of life or property caused solely by the negligence of LICENSOR.
5. Termination. This Agreement shall continue in force unless or until terminated by any
of the parties to this Agreement giving written notice to the other party of intention to so
terminate. Such Notice of Termination shall be given to the other party not less than ninety (90)
days prior to the date specified in such notice for the date of termination. This Agreement shall
absolutely end on the giving of such notice.
6. Notices. Any notice provided for or concerning this Agreement shall be in writing and
shall be deemed sufficiently given when sent by registered or certified mail, postage prepaid, if
sent to the party, or hand delivered to the party, at the following addresses:
LICENSOR City of Yakima
Attn: City Attorney
200 South Third Street
Yakima, WA 98901
LICENSEE Clark and Tanya Permann
4704 Carol Avenue
Yakima, WA 98908
7. Assignment or Sublicense. No assignment or other transfer of the license granted under
this Agreement, or any interest in such license, and no sublicense for any purpose shall be made
or granted by LICENSEE without the express, prior, and written consent of LICENSOR.
8. Entire Agreement. This Agreement shall constitute the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement. Any modification of this Agreement or additional obligation assumed by either party
in connection with this Agreement shall be binding only if evidenced in writing signed by each
party or an authorized representative of each party.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at
Yakima, Washington on the date indicated below.
CITY OF YAKIMA
B
R. A. Zais, Jr. ark Permann
City Manager
Date:
Date: ! . Iv L O D a-
ATTEST: _ ANKr " �� l .1 , .Art IL
. -� \ Tanya Perma n
City Clerk t �" P j Date:
S Hr r4 wtc� `'
STATE OF WASHINGTON )
) :ss.
County of Yakima )
I certify that I know or have satisfactory evidence that R. A. ZAIS, JR., is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as City Manager of the
City of Yakima to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED:
Print Name: ' Son K }.
�— NOTARY PUBLIC in and for the State of
c(f0._ti, Q R. e9 Washington, residing at f LK'IV1,6 -, .
`s si°�,� !9My commission expires: (4% 5 C .
F , all 5 �
February 26, 2002
City of Yakima
Public Works Manager
Mr. Chris Warrvick
2301 Fruitvale Blvd.
Yakima, WA 98902
RE: License Agreement
Dear Mr. Warrvick,
Thank you for your call and response. We received and reviewed the agreement, and
wanted to respond per our discussion. Forgive me if I spelled your name incorrectly.
Upon speaking with Mr. Copeland in 1994, we were under the understanding that we
would be receiving something in writing after our meetings and that we could use the small area
that had been part of the back yard for 20+ years. To our recollection he talked about a nominal
fee that may or may not be charged like "a dollar per year ". We agreed to maintain the property
and surrounding area, and appreciated his empathy to our circumstances of purchasing a home
without knowing or being disclosed this by the sellors in 1991. We could have forgotten the issue
given that seven years have passed, but we don't want to surprise someone later on if we sell our
home. Thus, we inquired because we never received anything after our meeting in 1994.
We concur with everything in the license agreement, yet would be grateful for your re-
consideration of the fee, it does seem very high to us. Possibly my time contribution to City of
Yakima employees via proctoring "Financial Strategies for Successful Retirement" seminars on
an annual basis starting spring 2001 would suffice. While unrelated, there were about 65 hours
involved in 2001.
Regardless, would you please call us or let us know what we can do? Thank you for your
time and attention to this matter.
Sincerely,
Clark and Tanya Permann
509- 965 -5654 work
509- 965 -8232 home
4704 Carol Ave.
Yakima, WA 98908