13-212.00 Spokane Hotels: Sullivan West Bridge Ingress, Egress & Access LicenseLICENSE AGREEMENT
This License Agreement (the "Agreement ") is made and entered into by and between
Spokane Hotels, LLC, DBA R.I.,LLC, a Louisiana limited liability company, (hereinafter referred
to as "SPOKANE HOTELS ") and the City of Spokane Valley, a municipal corporation, (hereinafter
referred to as the "City "). This Agreement replaces and supersedes the Agreement executed on
October 15, 2013 between SPOKANE HOTELS and the City.
WITNESSETH:
WHEREAS, the City, through its Public Works Department, is constructing the Sullivan
Road West Bridge Replacement Project under Project No. 0155, and as part of the construction of
this project it is necessary for the City to temporarily move a portion of the Centennial Trail across a
portion of SPOKANE HOTELS's land, Spokane County tax parcel 45132.0303, shown on attached
Exhibit "A "; and
WHEREAS, SPOKANE HOTELS is willing to grant a license to the City to allow a
temporary detour of the Centennial Trail across SPOKANE HOTELS's land on the terms and
conditions set forth hereinafter.
NOW, THEREFORE, in consideration of the premises, the payments to be made by the
City to SPOKANE HOTELS as set forth herein, and the mutual benefits to be derived by the parties
hereto, the adequacy and sufficiency of which is hereby acknowledged by each of the parties, it is
agreed as follows:
1. The recitals set forth hereinabove are incorporated herein by reference as though
fully set forth below.
2. SPOKANE HOTELS hereby grants to the City a license for ingress and egress over,
across and upon that portion of SPOKANE HOTELS's property as shown by the "dash" marks on
Exhibit "A" from the date hereof until the completion of the Sullivan Road West Bridge
Replacement Project. SPOKANE HOTELS agrees that the City, through its project contractors,
may construct, operate and maintain a temporary Centennial Trail Detour across SPOKANE
HOTELS 's land as shown on attached Exhibit "A ". The temporary trail shall consist of crushed
gravel placed and compacted on existing native soils as shown on Exhibit "B ", attached hereto.
Upon completion of the aforementioned project, the crushed gravel material shall be removed and
the trail area shall be restored to match its original condition, all at the sole cost and expense of the
City. The temporary Centennial Trail Detour will be used only during periods of time when the
Centennial Trail is closed by construction activities directly under the Sullivan Road bridges, which
is anticipated to be a total of approximately 60 calendar days at various times during construction of
the above referenced project.
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3. The City shall pay SPOKANE HOTELS an amount equal to SPOKANE HOTELS'
legal fees incurred in this matter in the sum of $500.00. Said payments shall be made upon the
execution of this Agreement by the City.
4. The City shall cause the temporary Centennial Trail to be maintained and repaired in
a good and workmanlike manner until the trail is removed. Neither SPOKANE HOTELS nor any
of its grantees shall be responsible for the failure of the City to maintain the trail. The City shall
hold SPOKANE HOTELS harmless from any liability for personal injuries, property damage or for
loss of life or property resulting from or arising out of the use by the public or the City of that
portion of SPOKANE HOTELS's property upon which the Centennial Trail detour is used,
including any damage to any of SPOKANE HOTELS's property by the City, its employees, invitees
or contractors, which is not occasioned by an act of misfeasance by SPOKANE HOTELS. The City
shall name SPOKANE HOTELS as an additional insured on the City's relevant insurance policy.
5. It is agreed that this Agreement is specific to the City and shall not inure to the
successors or assigns of the City except as set forth herein.
6. In the event legal action is instituted to enforce or interpret the terms of this
Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorney's
fees and costs incurred in such action, as determined by the court(s). In the event of any appeals
from such actions, the prevailing party shall be entitled to recover its reasonable attorney's fees and
costs incurred in such appeals, determined by the court(s). The term "costs" shall include, in
addition to statutory costs and disbursements, all costs associated with discovery depositions, expert
witness fees, and out -of- pocket costs incurred by the prevailing party in the prosecution or defense
of the action. For the purpose of this Paragraph 6, the term "action" shall be deemed to include any
proceeding commenced in any court of general or limited jurisdiction, including any proceeding
commenced in the bankruptcy courts of the United States. Venue and jurisdiction for any action
shall lie in Spokane County, Washington.
7. This Agreement shall not be recorded, nor shall any notice or memorandum of this
Agreement be recorded.
8. All notices, requests, demands, elections, offers, acceptances and other
communications required or permitted to be delivered under this Agreement shall be in writing and
deemed given or received, as the case may be, upon the earlier to occur of:
(a) actual receipt by the addressee thereof, including facsimile receipt,
(b) three days after deposit in the United States mail, postage prepaid, registered or
certified mail, return receipt requested, or
(c) on the date the notice is delivered by a reputable professional courier services
addressed to the party to whom given at the address set forth below or such other
address as may be designated by written notice delivered to the other party.
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IN WITNESS WHEREOF, this Agreement has been executed this Co`` day of
November, 2013.
By
K. Tod Cagle — Attorn-' at Law
InterMountain Management, LLC
Acting for Spokane Hotels, LLC APPROVED:
Address: 2390 Tower Drive ��'�"
Monroe, LA 71201 By
Phone: (318) 812 -0113 Public W rks Director, City of Spokane Valley
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