HomeMy WebLinkAbout12-033 - Segale Properties - License Agreement for Hesco Barrier Removal (Flood Response)12 -033
Council Approval N/A
LICENSE AGREEMENT
THIS,LICENSE AGREEMENT (this "Agreement is made as of the I jo 41
day of I*� 2012 (the "Effective Date by and between Segale Properties LLC, a
Washington limited liability company "Segale Properties and The City of Tukwila,
a municipal corporation of the State of Washington (the "City
RECITALS
A. Segale Properties is the owner of those certain parcels of land known
as King County parcel identification numbers 352304 -9115 and 352304 -9121
(collectively, the "Property
B. The City desires to use the Property for the purpose of accessing the
Green River levee to remove flood protection materials previously installed thereon.
C. Segale Properties and the City desire to enter into a license agreement
on the terms and conditions set forth in this Agreement.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the parties agree as follows:
1. Grant of License
Segale Properties hereby grants to the City a nonexclusive license to enter
upon and use the Property, together with reasonable means of ingress and egress
to the Property over and across the private streets located within the "Segale
Business Park," for the purpose of accessing the Green River levee at the
approximate locations noted by arrows in the depictions attached hereto as Exhibit
A, to remove the flood protection materials previously installed thereon by the City.
Segale Properties reserves the right to use the Property for any reason and to permit
any third party to do so, provided however, Segale Properties shall not unreasonably
interfere with the City's permitted activities. 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 the City's entry onto
and use of the Property, and shall leave the Property in good, neat, clean and safe
condition.
2. Term
This Agreement shall commence on the Effective Date and shall expire on
November 1, 2012, provided however, that Segale Properties may terminate this
Agreement at any time with thirty (30) days prior written notice (the "Term
3. Indemnification
The City, and its respective successors and assigns, shall protect, indemnify,
defend and hold Segale Properties, 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 Segale Properties, and its successors
and assigns, 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, resulting from or incurred by reason of or
LICENSE AGREEMENT �p� /��N#,eS PAGE I
based upon, the release onto or from Segale Properties' 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.
SEGALE PROPERTIES LLC,
a Washington limited liability company
By: Metro Land Develop nt, Inc.
Its: Manager C
By:
Mark A. Segale, Akoce resident
THE CITY OF TUKWILA,
a municipal corporation of the State of
Washington
W Z By: ZAA- Nam tVuJr� Title: Vy-
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LICENSE AGREEMENT PAGE 2
Demolition and Tesc Plan
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