14-228.00 Spokane Transit Authority: Construction & Maintenance of Seven Bus Shelters SITE LICENSE AND RIGHT OF ACCESS AGREEMENT
THIS ApREEMENTpade and entered into this 2-9) 4-
day of L T ,201 ,by and between
the �`/Ty Dc cJ�C �E 14.cc$as"Owner"and the Spokane Transit Authority,a Washington State
municipal corporation,as"STA."
In mutual consideration of the promises contained herein,the parties involved agree to the following:
1. PURPOSE. The purpose of this agreement is to provide STA with the use of the property in order to install,
construct and maintain SEVEN bus shelters for the benefit of STA's transit patrons;and to set out
responsibilities for maintenance and repair of the shelter.
2. PREMISES. The Owner hereby confers a site license and right of access to STA,to the certain real property
located at the locations as listed in Exhibit"A";all residing in Spokane Valley,Spokane County in the State of
Washington(hereinafter called"the premises"),and depicted on the location exhibits in Exhibit"B".
3. TERM. It is the intention of the Owner to provide space for the shelter for its full design life. Barring
circumstances unforeseen at the present time,this shall be taken to be five years beginning the date stated
above. Should it become necessary for the Owner to utilize the premises for other purposes before the end of
five years,then on ninety 90 days written notice,the site may be reclaimed by the Owner,and STA will remove
or relocate the shelter. Such demand will be made only for reasonable cause,and the Owner presently has no
contingency plans that would adversely affect STA's use of the premises for the five year term. At the end of
the initial five year term,this agreement shall remain in effect on a year-to-year basis until terminated by one of
the parties.
4. USE OF PROPERTY. The premises shall be used for the erection,maintenance,and operation of a bus shelter
by STA,and related improvements,ingress and egress from,the loading and unloading of buses and other
transit vehicles,and all similar and related transit uses. The STA shelter shall be erected on a concrete pad
constructed and provided by the Owner,per STA standard specifications.
5. OWNER'S IMPROVEMENT. Owner agrees at its sole cost and expenses to prepare and improve the
premises to condition ready to attach the STA bus shelter. Preparation and improvement of the premises shall
be subject to the approval of STA in its sole discretion.
6. UTILITIES:
A. Electricity. The Owner agrees to maintain the current lighting on Owner's property adjacent to the
premises. The installation of any additional electricity/lighting shall be at the Owner's sole expense,
with the Owner to pay for electricity used on the premises.
B. Refuse. STA shall be responsible for litter cleanup within the confines of the bus shelter.
7. SNOW REMOVAL. In accordance with local law,snow removal adjacent to the premises shall be the
responsibility of the abutting property Owner.
8. OWNERSHIP OF SHELTER. The bus shelter to be built on the premises is of standard design and
construction. The shelter shall be built and inspected to STA standards. STA shall retain ownership of the
shelter.
9. LIMITS OF USE. STA shall have the right to install two reader boards inside the shelter which are limited to
route information,bus schedules,and advertising approved by STA. The Owner's customers and/or patrons,if
any,shall make no use of the premises except as specifically authorized in this agreement.
10. LIMITS AND IMPROVEMENTS. STA shall not permit any mechanic's or material person's or other liens
of any kind to be enforced against the premises for any work done or materials furnished thereon at the request
or on behalf of STA. STA shall indemnify,defend,and hold the Owner harmless from any such items,claims,
demands,costs,charges,and expenses.
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Site License and Right of Access Agreement
11. MAINTENANCE AND REPAIRS. STA,at its own cost and expense,shall maintain and keep in good repair
the shelter or other related improvements that it places on the premises. STA agrees to repair and maintain the
shelter so long as financially and practically feasible,in its sole discretion. Should STA be unwilling or unable
to repair and maintain the shelter,STA will surrender the premises as set forth in Paragraph 16.
12. GOVERNMENT CHARGES. STA shall have no obligation for state taxes,assessments,or governmental
charges of any kind against the premises.
13. DEFAULT. If STA shall fail to perform any term or condition of this agreement,the Owner may,after giving
30 days'notice,to correct said default,terminate this agreement. If the Owner shall fail to perform any term or
condition of this agreement,STA may,after giving 30 day's written notice,terminate this agreement.
14. LIABILITY. To the maximum extent permitted by law,the STA agrees to and does hereby indemnify and
hold harmless the Owner from any liability including personal injury or damage to property occurring on the
premises(as depicted on Exhibits"A"through"F")during the term hereof,except for injury or damage
resulting from Owner's sole negligence. The Owner agrees that STA will not be held liable to Owner for any
occurrences on property outside of the premises as depicted on Exhibits"A through"F."
15. SUCCESSORS AND ASSIGNS. This agreement and each of its terms,and conditions shall be binding upon
the parties and their respective successors and assigns. Neither party shall have the right to assign this
agreement or any of its rights and obligations without the written consent of the other party.
16. SURRENDER. At the end of the lease or its earlier termination,STA will peaceably and quietly surrender
possession of the premises to the Owner without the giving of any notice to quit or demand for possession
thereof. STA will remove all signs,structures,or improvements on the premises,will repair any damage caused
by such removal,and agrees to restore the site to its original condition prior to the installation of the shelter and
to the satisfaction of the Owner. STA may request permission from the Owner to not remove the structure.
Such decision is to be at the sole discretion of the Owner.
17. OUIET POSSESSION. The Owner covenants and warrants that STA has full right to the premises for uses
and purposes herein provided and that STA,upon complying with the terms and conditions of this agreement,
shall have and quietly enjoy the use of the premises.
18. EMINENT DOMAIN. If the whole or any substantial part of the premises hereby leased shall be taken by any
governmental agency under the power of eminent domain,STA shall have the right to either terminate this
agreement upon initiation of such action,or to continue in possession of a remainder of the premises under the
terms herein provided.
19. NOTICES. All notices required by this agreement shall be in writing and shall be personally served on the
party of whom it is intended or sent by certified mail,return receipt requested. The notices shall be addressed as
follows:
OWNER: SPOKANE TRANSIT AUTHORITY:
City of Spokane Valley Planning Department
11707 E. Sprague Ave. , Ste 106 Spokane Transit Authority
Spokane Valley, WA 99206 1230 W.Boone Avenue
Spokane,WA 99201
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Site License and Right of Access Agreement
20.TERMINATION: STA may early terminate this agreement upon 30 days'notice written notice in the event of
the premises becoming unfeasible due to route changes,extraordinary maintenance or repair costs,etc. Upon
termination of this agreement for any reason, STA shall have 30 days from the termination date to remove all
improvements placed or installed by STA on or to the premises.
OWNER: SPOKANE TRANSIT AUTHORITY:
/
tLAALU_-
Signature
/ Signature
/W2 d / /Q ' 23. A--
Date Signe: Date Signed
/
IA ,d _ Ali /'
ttest Attest
OWNER:
STATE OF WASHINGTON )
)ss.
COUNTY OF SPOKANE )
I certify that I know or have satisfactory evidence that PI 1 . ` - ,) C.E'�d signed this document
on oath and stated that he/ was authorized to execute it and acknowledged it as ifLi 4riG (/3 (title)
of the (;I • / ', company)to be the free and vol tary act of itch a party'Tr the uses and
purposes t e 'n mentioned. 4 / ,
DATED: /O } g, /
.y
44.7
vyoalsi.0%' , r;fiif/Notary Pudic ,
t'ok - �d ji tnfint expires '29-' OVf,5
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SPOKANE TRANSIT AUTHORITY: `
STATE OF WASHINGTON ) %`-7jr,,�8129-1y.�`C�
COUNTY OF SPOKANE )ss. ///iii1OF WAS`'`\,-
I certify that I know or have satisfactory evidence that E.Susan Meyer and Janet Watson signed this document on
oath and stated that they were authorized to execute it and acknowledged it as the Chief Executive Officer of the
SPOKANE TRANSIT AUTHORITY,a municipal corporation,to be the free and voluntary act of such a party for
the uses and purposes therein mentioned.
DATED: I O r "2 I (. -�vl.
s.�� ''",s Ai' t ignature of Notary Public c-y
0111-E .--'4,,55 k My appointment expires LA'—a/ 1 — 2 I
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Site License and Right of Access Agreement
EXHIBIT A:Locations and Legal Descriptions
1. Southwest Corner of Sprague and Fox
LEGAL DESCRIPTION: Permanent Border Easement
(Description based on Statutory Warranty Deed No.4478126)
The South 10.00 feet of the East 13.00 feet of the following description:
Part of Tract 153, of OPPORTUNITY,according to plat recorded in Volume"K" of Plats, Pages 20-
23; in Spokane County,Washington, described as follows:
Beginning 50.00 feet North and 267.00 feet East of the southwest corner of said Tract 153;
thence North 89°40'00" East, along the north line of Sprague Avenue, 124.80 feet;thence North
00°01'41" East,342.34 feet to the south line of Riverside Avenue;thence South 89°40'00"West,
along said south line, 58.94 feet;thence South 00°01'35"West, 103.00 feet;thence South
89°40'00"West, 65.98 feet;thence South, 239.34 feet to the Point of Beginning;
Situate in City of Spokane Valley, Spokane County, Washington.
2. Sprague Just West of City Hall
LEGAL DESCRIPTION: Permanent Border Easement
(Description based on Statutory Warranty Deed No.4478126)
The South 10.00 feet of the East 13.00 feet of the following description:
Part of Tract 153, of OPPORTUNITY,according to plat recorded in Volume"K"of Plats, Pages 20-
23; in Spokane County,Washington, described as follows:
Beginning 50.00 feet North and 267.00 feet East of the southwest corner of said Tract 153;
thence North 89°40'00" East, along the north line of Sprague Avenue, 124.80 feet;thence North
00°01'41" East,342.34 feet to the south line of Riverside Avenue;thence South 89°40'00"West,
along said south line, 58.94 feet;thence South 00°01'35"West, 103.00 feet;thence South
89°40'00"West, 65.98 feet;thence South, 239.34 feet to the Point of Beginning;
Situate in City of Spokane Valley,Spokane County,Washington.
3. Northwest Corner of Farr and Sprague
4. North Side of Sprague between Argonne and Mullan
5. Southeast Corner of Appleway and Farr
6. Sprague between Balfour and Herald
7. Southeast corner of Appleway and Coleman (Future Site)
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Site License and Right of Access Agreement
EXHIBIT B: Location Exhibits
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