HomeMy WebLinkAbout09-171 - La Pianta LLC - Southcenter Parkway Property License1. Grant of License
2. Term
3. Indemnification
LICENSE AGREEMENT
AGREEMENT
1 0 3 tit
RECITALS
09 -171
App. by Council Res. #1689 &1697
THIS LICENSE AGREEMENT (this "Agreement is made as of the 26
day of October, 2009 (the "Effective Date by and between La Pianta LLC, a
Washington limited liability company "La Pianta and The City of Tukwila, a
municipal corporation of the State of Washington (the "City
A. La Pianta is the owner of those certain properties described as real
estate parcel numbers 3523049115, 3523049050 and 3523049015 (the "Property
B. The City desires to construct a sandbag barrier on a portion of the
Property in connection with its efforts to prepare for and prevent flooding damage by
the Green River.
C. La Pianta and the City desire to enter into a license agreement on the
terms and conditions set forth in this Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the parties agree as follows:
La Pianta hereby grants to the City a nonexclusive license to enter upon and
use the Property for constructing a sandbag barrier in connection with its efforts to
prepare for and prevent flooding damage by the Green River, provided however, that
the City shall not impair access to and from Southcenter Parkway for Parcel
Numbers 3523049050 and 3523049015 until such time as a flood is imminent. In
addition, La Pianta shall have the right to cause the City to relocate the sandbag
barrier to another location on the Property at any time during the Term (except
during a time of flooding) if La Terra needs to prepare the site as part of its Tukwila
South development. In such case, La Pianta shall provide the City with thirty (30)
days prior written notice, and within that 30 -day period the parties shall meet and
determine the appropriate new site for the sandbag barrier. Upon mutual agreement
of the location of the new site, the City shall relocate the sandbag barrier within
fifteen (15) days thereafter at its sole cost. At the expiration or earlier termination of
this License, the City shall restore the surface of the Property to the condition
existing prior to the entry, repair any damage occasioned by its entry onto and use of
the Property, and shall leave the Property in good, neat, clean and safe condition.
This Agreement shall commence on the Effective Date and shall expire on
March 1, 2012 (the "Term
The City, and its respective successors and assigns, shall protect, indemnify,
defend and hold La Pianta, and its successors and assigns, harmless from and
against any and all losses, costs, claims, suits, liabilities, causes of action and
expenses of any kind or nature (including reasonable attorneys' fees) arising out of,
related to, or incurred by reason of the exercise by the City, or any of its respective
employees, agents, contractors, guests, invitees and /or licensees, of the rights
granted hereunder. Without limiting the generality of the foregoing, the City shall
protect, indemnify, defend, and hold harmless La Pianta, and its successors and
assigns, from and against any and all losses, costs, claims, suits, liabilities, causes
LICENSE AGREEMENT PAGE 1
of action and expenses of any kind or nature (including reasonable attorneys' fees)
arising out of, related to, resulting from or incurred by reason of or based upon, the
release onto or from La Pianta's property by the City, or any of its respective
employees, agents, contractors, guests, invitees and /or licensees, of any hazardous
or toxic materials or substances, or the violation by any such party of any law or laws
regulating the handling, treatment, storage, disposal, release, or transport of any
hazardous or toxic materials or substances.
4. Miscellaneous
(a) In the event of any action or arbitration by any party to this Agreement
for breach of or to enforce any provisions or rights hereunder, the reasonable costs
and expenses incurred by the substantially prevailing party in such action, including,
but not limited to, such substantially prevailing party's reasonable attorneys' fees,
shall be paid by the other party or parties to such action or arbitration.
(b) Any modification, waiver, amendment, discharge or change of this
Agreement shall be valid only if the same is in writing and signed and acknowledged
by the parties.
(c) In the event any term, covenant, condition, or provision contained in
this Agreement is held to be invalid, voided or otherwise unenforceable, by any court
of competent jurisdiction, such holding shall in no way affect the validity or
enforceability of any other term, covenant, condition, or provision contained in this
Agreement.
Entered into as of the day and year first above written.
LA PIANTA LLC, a Washington limited
liability company
By: Metro Laid Devel ent, Inc.
Its: Manag
By:
Mark A. Sege, Vide President
THE CITY OF TUKWILA, a municipal
corporation of the State of Washingto
By: 4 Ski'
Na Strra/
T
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