24-145.00IvineWaterDistrictNo6LicenseAgreement City of Spokane Valley
Attn: Engineering Services
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Document Title: Non-Exclusive License Agreement
Reference Number of Related Document: (6952526 of the city's property on which
this license is located).
Grantor: City of Spokane Valley
Grantee: Irvin Water District No. 6
Legal Description: GRANDVIEW AC 1ST L1 B6 & INC 20FT VAC STP NWLY OF & ADJ
(Additional Legal Description information below and see map in Exhibit A depicting
License Area)
Assessor's Tax Parcel Number: Ptn. of 45033.0201
NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT
Whereas, the CITY OF SPOKANE VALLEY, a Washington municipality ("Grantor"), is
in the process of constructing an underpass near the intersection of Pines Road and
Trent Avenue (hereinafter referred to as "Pines GSP Project");
Whereas, Irvin Water District No. 6, a Washington public water district pursuant to Title
57 RCW ("Grantee") and a water purveyor to citizens of Grantor within Grantee's
district, is looping a water line for better service.
Whereas, the area described herein is presently owned by Grantor and it is
contemplated that where Grantee's waterline will be installed will become part of a
dedicated roadway right of way after completion of the Pines GSP Project;
Whereas, the existing construction plans for the Pines GSP Project have been
completed and the Grantor does not anticipate the construction plans will be modified
in such a way that will conflict with the planned location of the waterline Grantee will
install using this license;
Whereas, the City does not have any planned projects the construction of which would
create conflicts with the planned location of the waterline Grantee will install using this
license;
Whereas, if the license area described herein does not become part of a dedicated
roadway right of way in the construction of the Pines GSP Project, then the City is
amenable to conveying to Grantee a utility easement containing standard terms over
that area where Grantee plans to install the above-described waterline;
Whereas, Grantor has requested that Grantee enter into a general franchise
agreement;
Whereas, Grantee has agreed to negotiate a franchise agreement, either individually
or through a representative group of water purveyors;
Whereas, upon entering into a mutually agreeable franchise agreement, the franchise
agreement will control and this license agreement will be null and void.
Now, therefore it is mutually agreed:
I. For mutually valuable consideration, Grantor grants to Grantee, subject to
the terms and conditions set forth hereinafter and incorporated by reference,
a Non-Exclusive Revocable License for the sole purpose of constructing,
installing, operating, maintaining, adjusting, relocating, repairing, replacing,
and/or removing Grantee's waterline below the surface at the following
described real property, situated in the City of Spokane Valley, Spokane
County, State of Washington, to wit:
LOT 1 , BLOCK 6, FIRST ADDITION TO GRANDVIEW ACRES, AS PER PLAT
RECORDED IN VOLUME "S" OF PLATS, PAGE 6, RECORDS OF SPOKANE
COUNTY; INCLUDING THE SOUTH HALF OF VACATED EMPIRE WAY,
FORMERLY MAIN AVENUE, LYING NORTH OF AND ADJACENT THERETO;
SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE
OF WASHINGTON.
known hereinafter as the "License Area", a map of which is attached hereto
and incorporated by reference as Exhibit A, until such privilege is revoked
by the Grantor as provided herein, and after such revocation all privileges
hereunder to the Grantee shall cease and the Grantee shall remove its water
utility facilities from the License Area in accordance with the terms and
conditions described below.
II. The Non-Exclusive Revocable License provided for in Section I (hereinafter
the "License") is made subject to and upon the following express conditions,
which shall be binding on the Grantor and Grantee:
1. The Grantor and Grantee agree that this License is revocable at the will of
the Grantor as outlined hereunder. Grantor and Grantee further agree that
this License does not, nor shall it be construed to, grant a compensable real
property interest to the Grantee, and that this License is solely a privilege to
utilize the License Area. . This License does not, nor shall it be deemed to,
exclude possession of the Grantor either wholly or partially of the License
Area. As additional consideration for this license, Grantee agrees to
negotiate with Grantor in good faith the terms of a franchise related to
Grantee's use of Grantor's rights-of-way. Grantor and Grantee agree that
this good faith negotiation obligation does not require Grantor and Grantee
to agree to a franchise or any franchise terms..
2. The use of the License Area shall be limited to the use described in the grant
of the License. No other uses are permitted under this License. The use of
the License Area is subject to obtaining all permits as required by the
Spokane Valley Municipal Code or other applicable laws and regulations.
3. Term: Grantor may revoke this License by sending notice of such revocation
to the Grantee as provided herein at any time. Revocation of the privileges
conferred hereunder are at all times subject to the will and discretion of the
Grantor, unless and to the extent otherwise provided herein. Revocation is
effective 90 days after written notice is provided to the Grantee. At such
time that notice of revocation is given, Grantee shall begin all work
necessary, including but not limited to obtaining any required approvals or
permits, to remove its facilities from the License Area. Grantor shall not
exercise this right of revocation and removal unless either (A) Grantee's
facilities within the Licensed Area conflict with Grantor's completion of right-
of-way improvements (or other capital improvements of Grantor) and
Grantee is unable or declines to relocate Grantee's facilities to another area
within the Licensed Area in such a way that will enable Grantor to complete
said improvement without incurring additional expense; (B) Grantee's use of
the licensed area conflicts with use by third parties having a franchise or
easement right to use the Licensed Area, and Grantee and said third party
are unable to resolve the conflict, or (C) Grantee violates the terms of this
license.
4. Grantor has the authority, as the property owner, to require Grantee to
relocate its facilities to a different location of the License Area. Grantor
agrees to exercise this right only when relocation is necessary to
accommodate right-of-way improvements and/or other capital improvement
projects. If and only if Grantor requires Grantee to relocate any facilities
installed in the License Area to another location to accommodate either (a)
a project of Grantor that was planned prior to execution of this license
agreement, or (b) the Pines GSP Project, then Grantor shall reimburse
Grantee for the reasonable costs of such relocation, provided (i) the contract
for the work is competitively bid and awarded to the lowest responsible
bidder, and (ii) Grantee provides documents evidencing all costs for which
reimbursement is sought (including but not limited to the project plans,
contracts, and invoices). If Grantee can self-perform the relocation work at
a total lower cost than the bid submitted by the lowest responsible bidder,
then Grantee may self-perform the work, but must still provide the
documentation evidencing all costs for which reimbursement is sought (to
include the bid from the lowest responsible bidder).
5. If the License Area in which Grantee installs its facilities does not become
part of the dedicated right-of-way upon completion of the Pines GSP Project,
or if the Pines GSP Project is abandoned before completion, then Grantor
will grant a utility easement to Grantee containing the terms identified in
Exhibit B, provided that Grantee compensates Grantor for the easement in
an amount equal to the fair market value of the easement as determined by
a real estate appraisal by a licensed real estate appraiser approved by both
Grantor and Grantee. The appraisal may include a setoff for the value of the
benefit of the looped water system to facilities of the Grantor completed as
part of the Pines GSP Project, but only if and to the extent the licensed
appraiser determines such a setoff is appropriate to determine fair market
value utilizing sound appraisal standards commonly used and accepted in
the industry. When the License Area in which Grantee installs its facilities
becomes part of the dedicated right-of-way, this paragraph 5 shall no longer
be of any force or effect and Grantor shall be deemed to have satisfied its
obligations under this paragraph 5.
6. Grantee may end its use of the License Area at such time as provided for
herein. The Grantee shall provide written notice to the Grantor of its intent
to stop utilizing the License Area within 10 days of its cessation of activities.
At such time that notice is given to the Grantor, the Grantee shall begin all
work necessary, including but not limited to obtaining any required approvals
or permits, to remove its facilities from the License Area.
7. Constructing, installing, operating, maintaining, adjusting, relocating,
repairing, replacing, and/or removing Grantee's facilities and all work directly
and indirectly related thereto shall be at the sole cost and expense of the
Grantee.
8. Upon entering into a franchise agreement with the Grantor after executing
this License, and if the franchise agreement includes the real property that
is the subject of this revocable license, then the terms of the franchise
agreement shall govern and this License shall be deemed terminated.
9. Anytime notice is required to be given, notice shall be in writing and is
deemed to have been given three days after mailing. The Grantee and
Grantor may agree to accept notice by email on a case-by-case basis, where
the recipient affirmatively acknowledges receipt, and affirmatively waives
notice by mail. Any notice required to be given shall be given to the following:
TO GRANTOR: TO GRANTEE:
Name: Marci Patterson, City Clerk Name: e. )
Phone: (509) 720-5000 Phone: (-�o11) n
Address: 10210 East Sprague Avenue Address: 1007 Z Yc Q4 ftvg-P-
Spokane Valley, WA 99206 Email: °1"`�� vi,cite_y W � P�
10.Grantee's exercise of the rights conferred herein shall be conducted, at all
times, so as to minimize any disruption to the Grantor or members of the
public. Grantee shall coordinate its activities and use within the License
Area as deemed necessary by the Grantor or its designee. This includes
but is not limited to the need to accommodate the Grantor's Pines GSP
Project.
11.Grantor reserves the right to use and permit the use of the License Area as
it deems appropriate.
12.Grantee shall exercise its privileges conferred by this License in accordance
with the requirements of all applicable statutes, orders, rules, and
regulations of any authority having jurisdiction. Grantee shall, at its sole
expense, defend, indemnify, and hold harmless Grantor and its officers,
agents, and employees, from any and all claims, actions, suits, liability, loss,
costs, attorney's fees, costs of litigation, expenses, injuries, and damages of
any nature whatsoever relating to or arising out of the wrongful or negligent
acts, errors, or omissions in the exercise of Grantee's rights granted herein
by Grantee, Grantee's agents, subcontractors, subconsultants, and
employees to the fullest extent permitted by law. PROVIDED, however, in
the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence
of the Grantee and the Grantor, its officers, officials, employees, and
volunteers, the Grantee's liability, including the duty and cost to defend,
hereunder, shall be only to the extent of the Grantee's negligence. It is
further specifically and expressly understood that the indemnification
provided herein constitutes the Grantee's waiver of immunity under
Industrial Insurance, Title 51, RCW, solely for the purpose of this
indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of
this License.
13.This License is granted subject to all prior and subsequent easements,
exceptions and other matters of record on title with respect to the subject
property. Grantee accepts the License Area in its "as is" condition and
acknowledges that Grantor makes or gives no warranties or representations
with respect to the property (including, but not limited to, the condition of the
License Area or existence or absence of conditions upon or within the
License Area). Grantee expressly releases Grantor from liability for injuries
by any defect (whether known or unknown) to person(s) using the License
for its intended purpose before the License expires.
14.AlI maintenance and repair of the Grantor's property, including the License
Area, required as a result of Grantee's access and uses of this License shall
be the sole responsibility and cost of Grantee. Any and all maintenance and
repair to the property shall be completed to the satisfaction of the Grantor
and within thirty (30) days of the Grantee disturbing the property, unless
otherwise agreed to in writing by the Grantor. Grantee's duty to maintain
and repair at its own cost includes but is not limited to any event where the
Grantor's property, including the License Area, is disturbed or damaged by
any of Grantee's work. Grantee's responsibility to repair and maintain
Grantor's property shall survive termination of this License.
15.Grantee shall not suffer or permit to be enforced against the Grantor's
property any mechanics, materialmens' or contractors' liens or any judgment
or claim for damage arising from Grantee's work or its exercise of its rights
hereunder (collectively, the "Liens"). If any such Lien is claimed, Grantee
shall cause the same to be removed from title to the Grantor's property within
thirty (30) days after receiving notice of such Lien and in all events before
any action is brought to enforce the same against the Grantor's property.
16.Grantor shall be entitled to all remedies in law or in equity against Grantee,
including without limitation the right: (1) to compel specific performance by
Grantee of its obligations under this License, (2) to restrain by injunction the
actual or threatened commission or attempt of a breach of this License
including but not limited to the attempted expansion of the scope of the
purposes provided herein; and (3) to obtain an award of damages resulting
from violation of this License.
17.Grantor shall not be responsible for any direct or indirect costs, expenses,
and liabilities including but not limited to loss of business expectancies
related to the Grantee's use of the License, or the Grantor's revocation
thereof.
18. Insurance. Grantee, and any of its contractors, or subcontractors doing work
pursuant to this License shall procure and maintain for the duration of the
License, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the exercise of the
privileges conferred hereunder to Grantee, its agents, representatives or
employees.
Grantee's maintenance of insurance as required by this License shall not be
construed to limit the liability of the Grantee to the coverage provided by
such insurance, or otherwise limit the Grantor's recourse to any remedy
available at law or in equity.
A. Automobile Liability insurance with limits no less than $1 ,000,000
Combined Single Limit per accident for bodily injury and property damage.
This insurance shall cover all owned, non-owned, hired or leased vehicles
used in relation to this License. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage; and
B. Commercial General Liability insurance shall be written on Insurance
Services Office (ISO) occurrence form CG 00 01, or a substitute form
providing equivalent liability coverage acceptable to the Grantor, and shall
cover products liability. The Grantor shall be named as an insured under
the Applicant's Commercial General Liability insurance policy using ISO
Additional Insured-State or Political Subdivisions-Permits CG 20 12 or a
substitute endorsement acceptable to the Grantor providing equivalent
coverage. Coverage shall be written on an occurrence basis with limits no
less than $2,000,000 Combined Single Limit per occurrence and $2,000,000
general aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations; broad form property; explosion, collapse
and underground (XCU); and Employer's Liability.
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary insurance with
respect to the Grantor. Any insurance, self-insurance, or insurance pool
coverage maintained by the Grantor shall be in excess of the Grantee's
insurance and shall not contribute with it.
2. The Grantee's insurance shall be endorsed to state that coverage shall
not be cancelled, except after 30 days prior written notice has been given
to the Grantor.
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
Grantee shall furnish the Grantor with original certificates and a copy of any
amendatory endorsements, including the additional insured endorsement,
evidencing the insurance requirements of the Grantee prior to the adoption
of this License.
Any failure to comply with the reporting provisions of the policies required
herein shall not affect coverage provided to the Grantor, its contractors,
subcontractors officers, officials, employees or volunteers.
19. If either the Grantor or Grantee commence any litigation or other
proceedings to enforce or interpret the grant of or terms of the License, then
the prevailing party in such proceedings will be entitled to recover from the
other party their reasonable attorney fees and other costs incurred by the
prevailing party in such proceedings, including any appeal thereof. The
venue and the commencement of any litigation related to this License or its
terms shall be in the Superior Court for the County of Spokane.
20.Grantee may not transfer or otherwise assign its rights under this License to
any third party unless and until the City agrees to such transfer in a signed
writing.
21.This License constitutes the entire and complete agreement between the
Parties and supersedes any prior oral or written agreements. This License
may not be changed, modified, or altered except in writing signed by the
Parties hereto.
22. If any section, sentence, clause, or phrase of this License should be held to
be invalid for any reason by a court of competent jurisdiction, such invalidity
shall not affect the validity of any other section, sentence, clause, or phrase
of this License.
IN WITNE S WHEREOF, the undersigned has caused this instrument to be executed
on this day of 1v{.yilec
, 20 ".1 .
Grantor: Grantee`
By: By: --
Title: A6-t-ifl, Ct Ai44i ',c( Title: , OgAb RE�ibeAft
c,
[NOTARY BLOCKS ON FOLLOWING PAGE]
STATE OF WASHINGTON )
ss.
COUNTY OF SPOKANE )
On this 30
11.1 day of -3vl 2024 before me, the
undersigned. a Notary Public in and forte State of Washington. duly commissioned
and sworn, personally appeared Eyi , Grantor, to me know to
be the ACkknc) tah of C i-k-� c S ,ne U alle.I
the municipal corporation that xecuted the fo egoing instrument. and ackowledged
the instrument to be the free and voluntary act and deed of such party for the uses
and purposes therein mentioned, and on oath stated that he/she is authorized to
execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
Dated: J01 36 • Q644
, CANDICE P HENDERSON = ArkrVk.
NOTARY PUBLIC#191323 NOTARY PUBLIC
STATE OF WASHINGTON s Residing at S,.�1$Ca,,e V„A
COMMISSION EXPIRES '- Print Name: tCav ,C,e p• ers�
APRIL 9, 2025 My Commission Expires: Ar-,I q ac-).15
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOKANE )
On this 23rd day of July. 2024 before me, the undersigned. a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared
Susan H. Darnell, to me know to be the President of the Board of Commissioners of
Irvin Water District No. 6. and that she executed the foregoing instrument on behalf of
the District, and acknowledged the Instrument to be the free and voluntary act and
deed of such party for the uses and purposes therein mentioned, and on oath stated
that he/she is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
401111iii% Dated: July 23. 2024
�`O\nor l F�oi`9 fiLLi�CY�
Grob ,20 p•:�
�o c� : NOTARY PUBLIC
,pUC
Residing at Spokane, WA
Print Name: He-.Lv v\ „ J7✓rl 4
l.� J �- .
�;), \`�� My Commission Expires: Oct. 1. 2026
�,4/ i° 1110��
•
g2 CONTROL PT. #42
#4 REBAR
TP-1
,4P. 2024 SPOKANE COUNTY TPN:45033.0201 PROP. LINE,
!G CITY OF SPOKANE VALLEY \TYP.
10210 E SPRAGUE,AVE,
SPOKANE VALLEY,WA,
_ 99206-3682
RF APPROX. MAIN
\ LOCATION = 17' FROM
\ ROAD CENTERLINE
\ ", tP [MIDQ4a
1 \ 10" PVC WATER
w� \z
MAIN, IRVIN WATER
\ DISTRICT.
\�O
dill \ FUTURE EMPIRE
\ L
\ AVE. ROAD
t_A \ CENTVEUREERLINE
NO_ B-2 , EMPIRE
AVE.
A ROAD
``\\ ALIGNMENT
\ •
\
\ ` B-3
\ •�•
SWALE, TYP.
BOTH SIDES ` a+
SIDEWALK, TYP. \\
BOTH SIDES \
i
\ \
�r \T\
PROP. \
\\ LINE, TYP. TP-2 \\ ,6 1 q Ilk
CAP FOR COSY /�' EXTENSION.
— i ,/ /\• ,,,�,
14
• 'Pit � % j pR
Io\ \ \\ \ �, eN 6t00 .110
�\'6+04
\ ® 'r 0� {r��j! \VALVE C N TROL PIf. #41__y
`'' �j�t ` \ASSEMBL #4 REBAR
WATER MAIN EXHIBIT A
Q,S P' H`�G • COORDINATE SYSTEM CODE: PINES GRADE SEPARATION PROJECT SCALE: 1'=40'
OF WAS/h. G9 COORDINATE SYS.
/ Ia 1 Q2 %-4; • ABBR. LEGAL DESCRIPTION: GRANDVIEW AC 1ST L1 B6 & INC 20FT
wI VAC STP NWLY OF & ADJ
�//. E PROPERTY OWNER:CITY OF SPOKANE VALLEY
�O lir
�Tl
• E&H ENGINEERING, INC. 2024 SPOKANE COUNTY PARCEL#45033.0201
.Q 45221 2611 w.Sunset Hwy.,Suite B EXHIBITA --SHEET 1 OF 1--
'C4ss 4'G1STE4'' (5\ H Airway Heights.WA 99001 IRVIN WATER DISTRICT NO.6
IONAL �' ' ENGR. (509)
) )7 744-0245 PINES GSP NORTH PHASE
FAX:(509)�aa-oos2
\. 7/25/24 FUTURE EMPIRE AVE. 10°WATER MAIN
EXHIBIT B TO LICENSE AGREEMENT
After recording return document to:
City of Spokane Valley
Attn: Engineering Services
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Document Title: Deed for Non-Exclusive Utility Easement
Reference Number of Related Document:
Grantor: City of Spokane Valley
Grantee:
Legal Description: (See full legal description in Exhibit A)
Assessor's Tax Parcel Number: -
DEED FOR NON-EXCLUSIVE UTILITY EASEMENT
CITY OF SPOKANE VALLEY, a Washington municipal corporation ("Grantor"),
for and in consideration of ($ . ) DOLLARS, and other valuable
consideration, the receipt of which is hereby acknowledged, grants to , a
("Grantee"), subject to the terms and conditions set forth
hereinafter and incorporated by reference, a Non-Exclusive Utility Easement for the
purpose of constructing, installing, operating, maintaining, repairing, replacing, and/or
removing Grantee's facilities below the surface at the following described real property,
situated in the City of Spokane Valley, Spokane County, State of Washington, to wit:
(See full legal description of Easement Area in Exhibit A
incorporated herein by reference)
known hereinafter as the "Easement Area", a map of which is attached hereto and
incorporated by reference as Exhibit B.
The foregoing Non-Exclusive Utility Easement (hereinafter the "Easement") is made
subject to and upon the following express conditions, which shall be binding on the
Grantor and Grantee:
1. Grantee shall have the right of access under, over and across the Easement
Area for the limited purpose prescribed in the deed above; PROVIDED that
the Grantee repairs any damage, and restores any affected area to its
original or natural state, as close as reasonably possible to the satisfaction
of the Grantor, at Grantee's sole expense within a reasonable time
determined by the Grantor.
2. Grantee shall obtain, and comply with all necessary permits, and comply
with all applicable laws related to the Grantee's use of the Easement Area.
3. Grantor reserves the right to use and enjoy the Easement Area to the extent
that such use does not conflict or interfere with the Grantee's rights herein.
If there is a conflict between the Grantor's use and the Grantee's easement,
costs of any relocation shall be borne by the party so designated in section
4 herein. Grantee shall not store any construction equipment in the
Easement Area. Prior to constructing, placing, or maintaining any
permanent structure, or landscaping within the Easement Area, the Grantor
shall receive written approval from the Grantee, which shall not be
unreasonably withheld, stating that the plans do not interfere with Grantee's
rights as granted herein.
4. It is acknowledged that part of the valuable consideration received by
Grantor in granting this Easement is the Grantee's relinquishment of any
right to demand or require compensation in the event that the Grantor
reasonably requires the relocation of Grantee's facilities to another location
within the Grantor's property located at Spokane County Assessor's Tax
Parcel , or within City right-of-way or City owned
property —the exact location of which shall be reasonably determined in the
Grantor's sole discretion after consulting with the Grantee. Grantee shall,
upon 90 days' written notice from Grantor, relocate its facilities at Grantee's
expense, unless otherwise agreed to by the Grantor in writing. Further,
should the Grantor require the Grantee to relocate from the Easement Area
to an area completely beyond the property boundaries of Grantor's property
located at Spokane County Assessor's Tax Parcel or City rig ht-of-
way or City owned property within five years of the recording of this
Easement, the Grantor shall be responsible for the costs of such relocation;
Provided however, after five years from the date of recording this Easement,
should the Grantor require the Grantee to relocate from the Easement Area
to an area completely beyond the property boundaries of Grantor's property
located at Spokane County Assessor's Tax Parcel or City right-of-
way or City owned property, the Grantee shall be solely responsible for all
costs of such relocation. Grantee's obligation to relocate at its own expense
herein shall not extend to projects that are for the primary benefit of third
parties other than the general public as a result of a City initiated project.
Relocation costs shall be determined by competitive bidding and award to
the lowest responsible bidder. Where the Grantor is obligated to pay
relocation costs, the Grantee shall provide documents evidencing all costs
for which reimbursement is sought (including but not limited to the project
plans, contracts, and invoices). If Grantee can self-perform the relocation
work at a lower cost then the bid submitted by the lowest responsible bidder,
then Grantee may self-perform the work, but must still provide the
documentation evidencing all costs for which reimbursement is sought (to
include the bid from the lowest responsible bidder).
5. Anytime notice is required to be given, notice shall be in writing and is
deemed to have been given three days after mailing. The Grantee and
Grantor may agree to accept notice by email on a case-by-case basis, where
the recipient affirmatively acknowledges receipt, and affirmatively waives
notice by mail. Any notice required to be given shall be given to the following:
TO GRANTOR: TO GRANTEE:
Name: Marci Patterson, City Clerk Name:
Phone: (509) 720-5000 Phone:
Address: 10210 East Sprague Avenue Address:
Spokane Valley, WA 99206 Email:
6. Abandonment of Grantee's Facilities. Grantee shall remove any facilities
which have not been used to provide services for a period of at least 90 days
when: (a) a Grantor project involves digging that will encounter the
abandoned facility; (b) the abandoned facility poses a hazard to the health,
safety, or welfare of the public; (c) the abandoned facility is 24 inches or less
below the surface of the Grantor is reconstructing or resurfacing a street
over the rights-of-way; or (d) the abandoned facility has collapsed, broke, or
otherwise failed.
Grantee may, upon written approval by the Grantor, delay removal of the
abandoned facility until such time as the Grantor commences a construction
project in the rights-of-way unless (b) or (d) above applies. When (b) or (d)
applies, Grantee shall remove the abandoned facility from the rights-of-way
as soon as weather conditions allow, unless the Grantor expressly allows
otherwise in writing.
7. Grantee shall exercise its rights under this Easement in accordance with
the requirements of all applicable statutes, orders, rules, and regulations of
any authority having jurisdiction. Grantee shall, at its sole expense,
defend, indemnify, and hold harmless Grantor and its officers, agents, and
employees, from any and all claims, actions, suits, liability, loss, costs,
attorney's fees, costs of litigation, expenses, injuries, and damages of any
nature whatsoever relating to or arising out of the wrongful or negligent
acts, errors, or omissions in the exercise of Grantee's rights granted herein
by Grantee, Grantee's agents, subcontractors, subconsultants, and
employees to the fullest extent permitted by law. PROVIDED, however, in
the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence
of the Grantee and the Grantor, its officers, officials, employees, and
volunteers, the Grantee's liability, including the duty and cost to defend,
hereunder, shall be only to the extent of the Grantee's negligence. It is
further specifically and expressly understood that the indemnification
provided herein constitutes the Grantee's waiver of immunity under
Industrial Insurance, Title 51, RCW, solely for the purpose of this
indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of
this Easement.
8. Insurance. Grantee, and any of its subcontractors doing work pursuant to
this Easement shall procure and maintain for the duration of the Easement,
insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the exercise of the rights,
privileges and authority granted hereunder to Grantee, its agents,
representatives or employees.
Grantee's maintenance of insurance as required by this Easement shall not
be construed to limit the liability of the Grantee to the coverage provided by
such insurance, or otherwise limit the Grantor's recourse to any remedy
available at law or in equity.
A. Automobile Liability insurance with limits no less than $1,000,000
Combined Single Limit per accident for bodily injury and property damage.
This insurance shall cover all owned, non-owned, hired or leased vehicles
used in relation to this Easement. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage; and
B. Commercial General Liability insurance shall be written on Insurance
Services Office (ISO) occurrence form CG 00 01, or a substitute form
providing equivalent liability coverage acceptable to the Grantor, and shall
cover products liability. The Grantor shall be named as an insured under
the Applicant's Commercial General Liability insurance policy using ISO
Additional Insured-State or Political Subdivisions-Permits CG 20 12 or a
substitute endorsement acceptable to the Grantor providing equivalent
coverage. Coverage shall be written on an occurrence basis with limits no
less than $2,000,000 Combined Single Limit per occurrence and $2,000,000
general aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations; broad form property; explosion, collapse
and underground (XCU); and Employer's Liability.
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary insurance with
respect to the Grantor. Any insurance, self-insurance, or insurance pool
coverage maintained by the Grantor shall be in excess of the Grantee's
insurance and shall not contribute with it.
2. The Grantee's insurance shall be endorsed to state that coverage shall
not be cancelled, except after 30 days prior written notice has been given
to the Grantor.
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
Grantee shall furnish the Grantor with original certificates and a copy of any
amendatory endorsements, including the additional insured endorsement,
evidencing the insurance requirements of the Grantee prior to the adoption
of this Easement.
Any failure to comply with the reporting provisions of the policies required
herein shall not affect coverage provided to the Grantor, its officers, officials,
employees or volunteers.
9. This Easement is granted subject to all prior easements, exceptions and
other matters of record on title with respect to the subject property. Grantee
accepts the Easement Area in its "as is" condition and acknowledges that
Grantor makes or gives no warranties or representations with respect to the
Easement Area (including, but not limited to, the condition of the Easement
Area or existence or absence of conditions upon or within the Easement
Area). Grantor's rights hereunder shall be limited by any other facilities
currently located in the Easement Area. Grantee expressly releases Grantor
from liability for injuries by any defect (whether known or unknown) to
person(s) using the Easement Area for its intended purpose.
10.Grantee shall not suffer or permit to be enforced against the Grantor's
property any mechanics, materialmen's or contractors liens or any judgment
or claim for damage arising from Grantee's work or its exercise of its rights
hereunder (collectively, the "Liens"). If any such Lien is claimed, Grantee
shall cause the same to be removed from title to the Grantor's property within
thirty (30) days after receiving notice of such Lien and in all events before
any action is brought to enforce the same against the Grantor's property.
11. If either the Grantor or Grantee commence any litigation or other
proceedings to enforce or interpret the grant of or terms of the Easement,
then the prevailing party in such proceedings will be entitled to recover from
the other party their reasonable attorney fees and other costs incurred by
the prevailing party in such proceedings, including any appeal thereof. The
venue and the commencement of any litigation related to this Easement or
its terms shall be in the Superior Court for the County of Spokane.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed
on this day of , 20 .
Grantor: Grantee:
By: By:
Title: Title:
[NOTARY BLOCKS ON FOLLOWING PAGE]
STATE OF WASHINGTON )
) ss.
COUNTY OF SPOKANE )
On this day of 2024 before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared , Grantor, to me know to
be the of
the municipal corporation that executed the foregoing instrument, and acknowledged
the instrument to be the free and voluntary act and deed of such party for the uses
and purposes therein mentioned, and on oath stated that he/she is authorized to
execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
Dated:
NOTARY PUBLIC
Residing at
Print Name:
My Commission Expires:
STATE OF )
) ss.
COUNTY OF )
On this day of 2024 before me, the
undersigned, a Notary Public in and for the State of , duly
commissioned and sworn, personally appeared , Grantee,
to me known to be a of , the person that
executed the foregoing instrument, and acknowledged the instrument to be the free
and voluntary act and deed of such party for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
Dated:
NOTARY PUBLIC
Residing at
Print Name:
My Commission Expires:
EXHIBIT A TO EASEMENT
EXHIBIT B TO EASEMENT