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HomeMy WebLinkAbout17-146 - City of Sumner - Facility Use Agreement for UAS Training at Sumner Meadows Golf Course17-146 Council Approval N/A FACILITY USE AGREEMENT This facility use and indemnification agreement (hereinafter "Agreement") is entered into by and between the City of Sumner ("Sumner") and the City of Tukwila ("Tukwila"), both of which are Washington municipal corporations (collectively, the "Parties"). In consideration of the mutual promises and covenants contained herein, the Parties hereby agree as follows: 1. Facility Use. Sumner owns and operates the Sumner Meadows Golf Course (the "Property"). The Property is not currently being operated as a golf course, and Sumner intends to sell the Property at a future date. The Parties agree that until this agreement is terminated as set forth herein, Tukwila may use the Property to conduct unmanned aircraft systems ("UAS") training. 2. Term of Agreement. The term of this Agreement shall commence on $6/17 and shall terminate in the manner hereinafter provided. 3. Access Hours. Tukwila may access and use the Property anytime during its normal hours of operation, which are Monday through Friday from 0700 —1800. Use outside of normal hours of operation will be communicated to the Sumner Police Department with no less than forty-eight hours (48) notice prior to Tukwila engaging in UAS activities or training. 4. Rules and Regulations. Tukwila agrees to conduct safe UAS operations and to strictly observe FAA Part 107 rules and restrictions. In addition, Tukwila agrees to abide by all Federal, State and local laws, ordinances or regulations in exercising its rights under this Agreement. It is further understood and agreed that the Property will be returned to Sumner in the same condition that existed prior to Tukwila's use of the Property. Chalk is recommended for any marks on the asphalt. At no time shall Tukwila be permitted to use or access, in any manner whatsoever, the water features and/or fire ponds located on the Property, nor shall Tukwila be permitted to conduct any landscaping maintenance or alteration to the Property without the prior written approval of Sumner. 5. Insurance. Tukwila shall carry and maintain, for the duration of this Agreement, General Liability insurance against claims for injuries to person or damage to property which may arise from or in connection with the use of the Property. The General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $1,000,000 general aggregate. In the alternative, Tukwila may satisfy the requirements of this section by remaining a participant in an authorized self-insurance pool in the State of Washington. 6. Indemnification. Tukwila shall defend, indemnify and hold harmless the City of Sumner, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of the Property or from any activity, work or thing done, permitted, or suffered by Tukwila in or about the Property, except only such injury or FACILITY USE AGREEMENT PAGE -1 �,'-1- o-+ damage as shall have been occasioned by the gross negligence of the City of Sumner. 7. Assignment. Tukwila shall not assign, convey or transfer this Agreement or any interest herein, without the prior written consent of Sumner. 8. Notice. Any notice, declaration, demand or communication to be given by a party to this Agreement to the other shall be in writing and transmitted to the other party by personal service or certified U.S. mail, return receipt requested, postage fully prepaid, addressed as follows: To Sumner: To Tukwila: City of Sumner 1104 Maple St. Sumner, WA 98390 Attn: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: City Clerk The mailing and certifying of any such notice as herein provided shall be sufficient service thereof. All notices given in compliance with this section shall be deemed effective two (2) business days following the deposit thereof in the U.S. mail, irrespective of the date of actual receipt of such notice by the addressee. Either party may by notice change its address for notice. 9. Applicable Law/Construction/Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. In the event this Agreement is in conflict with the provisions of any law or statutes governing the subject matter hereof, such law or statute only to the extent of such conflict shall be controlling. The venue of any action brought to interpret or enforce any provision of this Agreement shall be laid in Pierce County, where the Property is situated. 10. Entire Agreement/Amendments. This Facility Use and Indemnification Agreement contains the entire agreement of the parties hereto and supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. This Agreement may be amended only upon the consent of both Parties. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 11. Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 12. Severability. If any provision of this Agreement shall be held invalid, the remainder of the FACILITY USE AGREEMENT PAGE - 2 Agreement shall not be affected thereby. 13. Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or signed in counterparts. 14. Termination. This Agreement may be terminated at any time and for any reason by either party providing the other with thirty (30) days written notice of the intention to terminate the same. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF SUMNER CITY OF TUKWILA By: By: / / C- v Title: Titl : i {-amu Gh Dated: i' 9 '-/ ? Approved as to Form: Dated: / Li — /7 Approved as to Form: Brett C. Vinson, City Attorney Rachel B. Turpin, City Attorney FACILITY USE AGREEMENT PAGE - 3