05-100.00 STA: Bus Shelter Installation Right of AccessSITE LICENSE AND RIGNT O>! ACCESS AGREEMENT
TN7S ACREEiV1Er~IT made and entered rota this /s ~ day of~~200~ by and between
ttre City of Spokane Valley as "Owner" and the Spokane Transit Authority, a Washington State municipal
corporation, as "S'fA."
Ln mutual consideration of the promises contained herein, the parties iovolvcd agree to the following:
1. PURPOSE. The purpose of this agn:ement is to provide S7'A will[ ttte use of the property in order to install,
construct and maintain 'CWO (2) bus shelters for the benefit of STA's transit patrons; and to set out
responsibilities for maintenance and repair of the shelters.
2. PREMISES. The OH~ner hereby confers a site license and right of access to STA, to that certain real property
located on Indiana Avenue in the vicinity of the Spokane Valley Mall entrance, City of Spokane Valley,
Spokane County in the State of Washington (hereirtaRer called "the premises"), and depicted on the plot plan in
>rxhibit "A"; attached to this agreement and a part of it.
3. TERM. It is the intention of the Owner to provide space for the shelters far their full design life. Barring
circumstances unforeseen at the present time, this shall be taken to be five (5) years beginning the date stated
above. Should it become necessary far the Owner to utilise the premises for other purposes before the end of
five (5) years, then on ninety (90)-days written notice, the site may be reclaimed by the Owner, and STA will
nmave or relocate the shelters. Such demand will be made only for reasonable cause, and the Ovmer presently
has no contingency plans that would adversely affect STA'S use of the premises for the five (5}year term. At
the end of the initial five (5}year term., this agreement shall remain in effect on a year-to-year basis until
terminated by one of the parties.
4. USE OE PROPERTY. The premises shall be used for the erection, maintenance, and operation of twa bus
shelters by STA, and related improvements, ingress and egress tram; the loading and unload'u~g of buses and
other transit vehicles, and all similar and related transit. uses. `I"he STA shelter shall be erected on a concrete pad
constructed and provided by S7°A, per S1'A standard spe~c.ifications.
5. OWNER'S IMPROVEMF,.NT. STA agrees at its sole cast and expenses to prepare and imprnvc the premises
to conditior- ready to attach the STA bus shelter.
6. U'CILITIES:
A. Electricity. The Owner agees to maintain t}re cumc:nt lighting on Owner's property adjacent to the
premises. The installation of any additional electricity/lighting shall be at STA's sole expense, with
Owner to pay for electricity used on the premises.
Ei. R.efirse. STA shall be responsible for litter cleanup within the confines of the bus shelters and within a
ten foot tu-t:a surrounding the bus shelters.
7. SNOW REMOVAL. Ln aceordance with local law, snow removal adjacent to the premises shall he the
responsibility of the abutting property oH~oer.
8. OWNERSHIP OF Skf t~I,TF R. 7'he bus shelters to be built on the premises are of standard desiam and
construetian. The shelters shall be built and inspected to STA standards. STA shall retain ownership of the
shelters.
9. LfM17°S OF USE. STA shall have the right to install ono reader baard inside each shelter which is limited to
route information, bus schedules, and similar items. `I'he Owner's customers and /or patrons, if any, shall make
no use of the premises except as specifically authorised in this agreement.
10. LiM17ITS 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 Pram any such items, claims,
demands, cysts, charges, and expenses.
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Site Lioensc and Right cif Access Agreement
Ps„c 2
11. MAINTEI\'ANCE AND REPALRS. STA, at its own cost and expense, shall maintain and keep in good repair
the shelters or other related improvements that it places nn the premises. STA agrees to repair and maintain the
shelters so long as financially and practically feasible, in its sole discretion. Should S"fA be unwilling or unable
to repair and maintain the shelters, STA will surrender the premises as set fon:lt in Paragraph 16.
12. GOVERNMENT CHARGES. S"I'A shall have no obligation far state taxes; asscssrnents, or governmental
charges of any kind against the premises.
13. DEFAULT. If S'I'A shall fail to perform any term or condition of this agreement, the Owner may, after giving
thirty (30)-day's 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 thirty (30)-day's written notice, tennu~ate this
agreement.
14. LIABCLI'CY. "['o the maximum extent permitted by law, the STA agrc:is to and does hereby indemnify and
hold harmless the Owner from any liability including personal injury or damage to property occurring on the
premises (a,S depicted on Exhibit "A")during the term hereof, except for injury or damage resulting from
Owner's sole negligence. 'Che Owner agrees that STA. will not be held liable to Owner for any occurrences on
property outside of t}tc premises as depicted on Exhibit "A."
15. SUCCESSORS ANU ASSIGNS. This agreement. and each of its terms, and conditions shall be binding upon
the parties and their respective successors and assigns. 1~'either party shall have the right to assign this
agreement or any of its rights and obligations without the written consent of the other party.
1 H. SURRENDER. At the end of the lease or its earlier termination, STA will peaceably and quietly sturender
possession of the premises to the Owner without the giving of any notice to quit or demand for possession
thereof. S'1 A 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 shelters and
to the satisfaction of the Owner. STA may request perntission from the O~>.~ner to not remove the structures.
Such decision is to be at the sale discretion of the Owner.
17. OUTF..T POSSESSION. The Owner covenants at~d warrants that STA has full right to the premises for uses
and purposes herein provided and t}rat STA, upon complying with the terms and conditions of this agreement
shall have and yuictly enjoy the use of the premises.
18. EMINFIYT 1)OMA1N. Ifthe whole or any substantial part of the premises hereby leased shall be taken by any
governmental agency under the power of eminent domain, STA shill have t}te eight 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 rcyuired by this agreement shall be in writing and shall be personally se;rvcd on the
party of wham it is intended or sent by certified mail, return receipt reyuestcd. The notices shall be addressed as
follows:
Ow'N ER:
City Clerk
City of Spokane Valley
11707 E. Sprague Ave., Suite 106
Spokane Valley, VVA 99206
SPOKANE TRANSI"1° AU7'MORITY:
Planning laepartmcnt
Spokane Transit Authority
1230 W. Boone Avenue
Spokane, WA 99201
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tine liccnec ttnd Right of Access Agreement
P.~e 3
20. TERMINATION: STA may early terminate this agreement upon thirty (30)-day's 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 thirty (30) days froth the termination date to
remove all improvements placed or installed by STA on or to the premises.
OWNER: SPOKANE TRANSIT AUTHORITY:
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Signature Signature
Date Signed hate Signed
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OyVNT•,R: - ~y~. ..COM,y~ Tj2 try
STATE OF VJASIi1NGTOiU ) ~ ~.•~ b ~ 20 0'.~
COUNTY OF $POK.ANE ) ~i N .o~ n ~ ~~
I certify that 1 know or have satisfactory evide~rt~~,r = t'2 C - ~ signed this document
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on oath ~td stated that he{FhL• was authorized to e~tec~t it a ~knowledged it as ~ _ G l 2 (title)
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of the ~a ~w ~/ ~Di),(~G~~_ ~//ry ~;ompany) toe the free and voluntary act of s h a party fo the uses and
purposes th e' mentioned.. r~
DATED: ~ ~~/S~(~ S ~ ten` `
it~nahcre of Notary Public
My appointment expires old
SPOKANE TRANSIT A11T1~lORITY:
S1'ATC OF WASH]NGTON )
) S5.
COUNTY OF SI'OKAI~'L" )
I certify that 1 know or have satisfactory evidence that E. Susan Me}'er and (,:eralyn Carberg signed this daeumcnt
on oath and sk~-ted that they were authorized to execute it and aclaiowledged it as chc Chief Executive Officer of the
SPOKANE TRA.NSI`I' AUTHORITY, a municipal corporation, to be the free and voluntary act of such a party for
the uses and purposes therein mentioned.
DA"I'L
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Signat a of Notary Public
My appointment expires 8 "~S'' 08
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(SQ9J 313-bOD10
SCfiN 595.5A010
FAX (5091 325-601?&
"Providtitg iRe Nig1~K1 QuaIry
Pud'rt Tr<rrsp~r7ntron'
January 9, 2006
Steve M. Wortey, PE
City of Spokane Valley
11707 E. Sprague Ave., Suite 106
Spokane Valley, WA 99206
Dear Mr. Worley:
~~ M. J r N
JAS! ~ p 2006
Enclosed is the executed agreement for the two bus shelters on Indiana at the Spokane Valley Mall.
We will proceed immediatety in securing a contractor to pour the concrete pads for the shelters at the
indicated sites. Please forward any engineering drawings of the areas (site plans, landscaping,
irrigation, etc.) that you may have so that we can provide these to the potential contractors.
Thank you for your assistance with this project.
Sincerely,
Ryan Stewart
Transit Planner
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