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24-221.00MelcherManufacturingLeaseAgreement RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Spokane Valley 10210 East Sprague Spokane Valley,WA 99206 SPACE ABOVE FOR RECORDING ONLY Document Title: Non-Exclusive License Agreement Grantor(s): City of Spokane Valley, a Municipal Corporation Grantee: Melcher Manufacturing Company,Inc. 6017 East Mission Avenue Spokane Valley,WA 99212 Legal Description: 60'BY 150' IN SECTION 13 AND 14,TOWNSHIP 25 NORTH,RANGE 43 EAST,W.M. LYING UNDER THE FANCHER BRIDGE FROM THE SOUTH LINE OF THE BURLINGTON NORTHERN RIGHT-OF-WAY TO THE NORTH LINE OF RAILROAD AVENUE, SPOKANE VALLEY,WASHINGTON. Assessor's Tax Parcel Number: ROW lying under the Fancher Road Bridge SPOKV-3502,east of tax parcel 35141.0101,west of tax parcel 35132.0303 Reference Number: N/A NON-EXCLUSIVE LICENSE AGREEMENT For mutually valuable consideration accruing to both parties, the City of Spokane Valley ("City") hereby grants to Melcher Manufacturing Company, Inc. ("Melcher Manufacturing"), a non-exclusive License to use the City property("Premises")described in SECTION 1,below. SECTION 1 —DESCRIPTION The Premises subject to this License is that portion of City right-of-way lying directly underneath the Fancher Road Bridge running approximately 160 feet south and 60 feet west as Page 1 of 6 measured from the northeast corner of tax parcel 35141.0101. The area is approximately 9,000 square feet and is shown on Exhibit 1, which is attached hereto and incorporated by reference herein. The legal description for the subject property is as follows: 60' BY 150' IN SECTION 13 AND 14, TOWNSHIP 25 NORTH, RANGE 43 EAST, W.M. LYING UNDER THE FANCHER BRIDGE FROM THE SOUTH LINE OF THE BURLINGTON NORTHERN RIGHT-OF-WAY TO THE NORTH LINE OF RAILROAD AVENUE, SPOKANE VALLEY,WASHINGTON. SECTION 2 -PURPOSE The City hereby grants to Melcher Manufacturing a License to use the Premises for the purpose of storing miscellaneous items relating to Melcher Manufacturing's business,which shall include the existing chain-link fence installed by Melcher Manufacturing under the Lease Agreement executed between Melcher Manufacturing and Spokane County prior to the incorporation of the City. No other uses are permitted under this License. SECTION 3 -TERM 1 This License shall commence on the date this License Agreement is fully executed by both the City and Melcher Manufacturing and shall run for a period of 10 years unless otherwise terminated pursuant to the terms of this License Agreement. This License may be extended for an additional five-year period,subject to City Manager or designee written approval,which shall not be unreasonably withheld. To effect the five-year extension,Melcher Manufacturing must notify the City of its desire for the extension in writing during the last year of this License,but no fewer than 180 days prior to the expiration of this License. The City shall review the request and provide a written response granting extension or denying extension within 90 days of Melcher Manufacturing's request. If the City does not respond within 90 days, this License Agreement shall expire at the end of the initial 10-year term. SECTION 4-CONDITIONS A. Any improvement proposed for construction and/or operation in or on the Premises shall be subject to review and approval as if it were an improvement subject to all applicable permitting requirements by the City,whether it actually is or not. B. Upon termination as set forth in Section 8,all business operations shall cease. Further, upon termination,all improvements shall be removed within the time period specified in the notice of termination at the expense of Melcher Manufacturing. C. Melcher Manufacturing shall only utilize the property subject to this License and may not expand the nature or scope of this License without prior written approval of the City. D. Melcher Manufacturing shall be solely responsible for all business operations and maintenance and repair of improvements placed on the Premises. Page 2 of 6 E. Melcher Manufacturing shall use the Premises in a manner that does not violate any applicable laws and regulations of any state, federal,or municipal entity. F. The nature of materials stored by Melcher Manufacturing on the Premises shall remain consistent with the materials Melcher Manufacturing has historically stored on the Premises such as plywood,wood pallets, and walnut granules. Any change in the nature of materials stored on the Premises is subject to written approval by the City, in the City's sole discretion. If Melcher Manufacturing desires to change the nature of the materials stored on the Premises, the request must be in writing. The City shall review the request and provide a written response granting or denying the request within 30 days of Melcher Manufacturing's request. G. Melcher Manufacturing shall provide the City with access to the Premises for the purpose of inspecting or repairing Fancher Road over BNSF Railroad tracks,bridge SPOKV-3502. H. Melcher Manufacturing shall pay the City an annual license fee of$1,500.00("License Fee"). The fee shall be paid concurrently with the execution of this License, and annually thereafter on or before December 31 of each year. Payment shall be required regardless of any invoice or notice or lack thereof from the City. In the event of nonpayment,the City shall charge interest at the maximum amount allowed by law and may use any lawful means to collect such payment. Failure to pay within six months shall be grounds for immediate termination of this license. SECTION 5—LIABILITY AND INDEMNIFICATION Melcher Manufacturing shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with activities, operations, or omissions performed by Melcher Manufacturing or on its behalf or within or otherwise related to the Premises,except for injuries and damages caused by the sole negligence or willful misconduct of the City. Should a court of competent jurisdiction determine that RCW 4.24.115 applies to this License,then Melcher Manufacturing agrees to defend, indemnify and hold the City,its officers, officials, employees and volunteers harmless to the maximum extent permitted thereunder. It is further specifically and expressly understood that the indemnification provided herein constitutes Melcher Manufacturing's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes 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. SECTION 6—INSURANCE Melcher Manufacturing shall procure and maintain for the duration of the License Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with operations or activities performed by or on Melcher Manufacturing's behalf with the issuance of this License. Melcher Manufacturing's maintenance of insurance as required by this License shall not be construed to limit the liability of Melcher Manufacturing to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Page 3 of 6 Melcher Manufacturing shall obtain insurance of the types and coverage described below: Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO)occurrence form CG 00 01 and shall cover liability arising from operations and stop-gap liability. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under Melcher Manufacturing's Commercial General Liability insurance policy using ISO Additional Insured-State or Political Subdivisions-Permits CG 20 12 or a substitute endorsement providing at least as broad coverage. Minimum Amounts of Insurance Melcher Manufacturing shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence,and a$5,000,000 for general aggregate limit. Melcher Manufacturing's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance. Any insurance, self- insurance, or self-insured pool coverage maintained by the City shall be excess of Melcher Manufacturing's insurance and shall not contribute with it. Melcher Manufacturing shall furnish the City with original certificates and a copy of the amendatory endorsements, including the additional insured endorsement,evidencing the insurance requirements of Melcher Manufacturing before issuance of the License. Melcher Manufacturing shall provide the City with written notice of any policy cancellation,within two business days of their receipt of such notice. If Melcher Manufacturing maintains higher insurance limits than the minimums shown above,the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Melcher Manufacturing,irrespective of whether such limits maintained by Melcher Manufacturing are greater than those required by this License or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Melcher Manufacturing. SECTION 7—MODIFICATION No modification of this License may be made without prior written approval of the City. Upon such an event,Melcher Manufacturing shall be given reasonable notice of the modification and a reasonable time to comply with the new terms and/or provide the City with written notice of termination pursuant to SECTION 8,below. SECTION 8—TERMINATION Except as otherwise provided herein, the Parties may agree to terminate this License Agreement upon mutually agreeable terms. The City may terminate this License Agreement at its sole discretion for any reason or no reason upon 60 days advance notice. If the City determines in good faith that emergency conditions exist which require immediate. The notice of termination shall be in writing include a timeline for removing any installed improvements. Page 4 of 6 SECTION 9-NOTICE Any notice or written communication required by this License Agreement shall be sent to each party at the following addresses: City of Spokane Valley: City of Spokane Valley Attn: City Clerk 10210 East Sprague Avenue Spokane Valley,Washington 99217 Melcher Manufacturing: Melcher Manufacturing Attn: Chris Hardan(or current President) 6017 East Mission Avenue Spokane Valley, Washington 99212 DATED this Z 3''''a day of 0 ` d ,2024. GRANTOR: AT T: City of Spokane Valley IV\./ kl,C t. (te, laii _) Marcy tterson,City Clerk �� Hohman, City Manager GRANTEE: ACCEPTANCE OF LICENSE AGREEMENT i,i a an acturing Company,Inc. i i Signature By: Chris Hardan President,Melcher Manufacturing Page 5 of 6 STATE OF WASHINGTON ) COUNTY OF SPOKANE ) On this I a day of .-bt,G�.4iv.:b , 2024, before me the undersigned officer, personally appeared Chris Hardan,known to me(or satisfactorily proven)to be the person whose name is subscribed as the President of Melcher Manufacturing,and acknowledged that he,as such Officer,being authorized so to do,executed the foregoing instrument as the act of his principal for the purposes therein contained,by signing the name of the said Melcher Manufacturing,by himself as President. M Rc EMMA MORGAN N ARY pPU .-0 C �oz Rid ti NOTARY PUBLIC for the State of Montana tk SEAL Residing at Helena,Montana Notary Public in and for the State of l\Api�"��- °F r P.. My Au August 26 Commission Expires Residing at -14-e,I�Q,6� , MT 9 My commission expires: .-,A1&,0L4,R-f- al.Q . D.0-3..81 Page 6 of 6 SEC. 13 & 14, T.25 N, R.43 E, W.M. SPOKANE VALLEY, WASHINGTON I FANCHER RD BRIDGE v co ���\ z z Op"� -It- \v - w W - - - I i - �\ G- ON MISSION AVE -/ i , / / - --- \ — I on' / / — �`� / �`o / / 150' ? ' / .7% / / APN:35141.0101 / / / / 1 / 1 li o a W LL = W Z = Q I LL Z I I LLI FANCHER ROAD MELCHER MFG. SC,TYOF BRIDGE STORAGE NON-EXCLUSIVE pokane AREA LICENSE AGREEMENT alley. PROJECT NO. SCALE: 1"=30 DRAWN BY: JAM 10/22/24 CHECKED BY:JAM 10/22/24 �—.40 MELCMAN-01 NNGUYEN '4�R� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/31/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Alliant Insurance Services,Riverside Ave Ste 800 Inc FAX 818 W HONE Ext):( ) (Nc I (A/C,No, 509 325-3024 (Ale,No):(509)325-1803 Spokane,WA 99201 E-MAILDESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Citizens Insurance Company of America 31534 INSURED INSURER B:Travelers Casualty Insurance Company of Americ 19046 Melcher Manufacturing Company Inc INSURER c:Hanover Insurance Company 22292 dba Lifetime Pools P O Box 11857 INSURER D: Spokane Valley,WA 99211 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LTR INSD WVD IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X ZB2A54075108 2/1/2023 2/1/2024 pREMISES(Eaoccurrence) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BA1T5980772242G 2/1/2023 2/1/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident)_ $ HIRED NON-AWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE 1UH2A54075408 2/1/2023 2/1/2024 AGGREGATE $ 4,000,000 DED j X 1 RETENTION$ 0 $ A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY ZB2A54075108 2/1/202 STATUTE ER Y/N 3 2/1/2024 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 MFFICER/MEMBER EXCLUDED? N/A andatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley attn:City Clerk is named as additonal insured by required written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ci City:City okan ACCORDANCE WITH THE POLICY PROVISIONS. at10210 East Sprague Avenue Spokane,WA 99217 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD