HomeMy WebLinkAboutREVOCABLE LICENSE RCFlyers2.docx-132887516525386124. (1)REVOCABLE LICENSE AGREEMENT
BETWEEN KITTITAS COUNTY AND _______________________
This revocable license agreement (“license”) is entered into this ___ day of _____________,
202_ between Kittitas County, a subdivision of the State of Washington (“County”) and the
Ellensburg RC Flyers Club (“Licensee”).
WHEREAS, Licensee desires to fly model airplanes on or above certain real property owned by
the County that is that portion of the Bowers Field Airport depicted in section 2 of the Ellensburg
RCW Flyers Field Rules (location)(a copy of which is attached hereto and incorporated herein by
this reference); and
WHEREAS the County desires to allow Licensee to engage in such activity upon or above the
County’s real property because it furthers the public interest of the County; now, therefore
In consideration of the mutual benefits to be derived therefrom, the County and Licensee agree
as follows:
1. The “license area”, when used in this License Agreement (“License”), means that area for
flight, parking, spectators, and flight stations depicted in Section 2 of the Ellensburg
RCW Flyers Field Rules as currently existing or as amended in the future.
2. The County does hereby grant to Licensee this nonexclusive Revocable License for a
period of two (2) years from the effective date of this License to engage in model airplane
flight within the license area. Such activity must be in accord with the Ellensburg RC
Flyers Field Rules as currently enacted or as amended in the future. The exercise of any
rights pursuant to this License by Licensee is subject to the exercise of the County’s
police power and other regulatory powers as it may have or in the future obtain.
(Licensee’s exercise of rights under this License is subject to applicable zoning and
permitting requirements of the City of Ellensburg.)
3. At the end of the two-year period, unless renewed in writing between the parties
beforehand, this license shall automatically terminate. Upon such termination, Licensee
shall immediately remove any property of its own and cease model aircraft flight activity
from County property. In the event Licensee fails to remove any property from the
County’s real estate, the County is free to remove it, charge Licensee for such removal,
and dispose of it (should Licensee not then take it) however the County sees fit.
4. The intent of this license is to allow Licensee to engage in the flight of model airplanes
upon property of the County. This License does not grant an estate in land and is not
exclusive. As a license upon real property, it is revocable at the will of the County for
good cause during the initial two-year term, provided that the County gives written
notice, as provided herein, sixty (60) days in advance of revocation. Should Licensee fail
to remove property from the license area after revocation, the County may remove it and
charge Licensee for the cost of removal.
5. Whenever the County undertakes or authorizes the construction of any public work
improvements upon the License Area which necessitate the relocation of the Licensee’s
property, the County shall give at least thirty (30) days’ notice of the need for such
relocation to Licensee. Should Licensee fail to relocate the property before the date
required in the notice, the County may relocate it and charge Licensee for the cost of such
relocation.
6. Licensee agrees to indemnify and hold harmless the County, its trustees, elected and
appointed officers, agents and employees from and against any and all claims, demands
or causes of action of whatever kind or nature and the resulting losses, costs, expenses,
reasonable attorney fees, liabilities, damages, orders, judgments or decrees sustained by
the County arising out of Licensee’s exercise of rights pursuant to this License. The
County makes no indemnification of Licensee, its officers, agents, or employees or its
property placed upon the County’s real property pursuant to this License.
7. In the event either party to this License commences litigation related to rights or exercise
of rights under this License, the substantially prevailing party will be entitled to
reimbursement of its reasonable attorney fees and costs from the other party.
8. The venue for any litigation regarding this License shall be Kittitas County Superior
Court.
9. This License shall be construed according to the laws of the State of Washington.
10. All notices required pursuant to this License shall be served upon the other party in
writing by placing said notice in sealed properly addressed envelopes, postage prepaid,
and placing said notice in the US mail of hand delivering it to the other party. Should the
notice be sent by mail, it shall be deemed to have been duly given three (3) days after
placing it in the mail.
Notice to the County shall be sent to:
_____________________________
_____________________________
_____________________________
Notice to the Licensee shall be sent to:
_____________________________
_____________________________
_____________________________
IN WITNESS WHEREOF this Revocable License Agreement is executed and shall become
effective as of the date first above written.
LICENSEE
By: ________________________________________
Its: ________________________________________
KITTITAS COUNTY
___________________________________________
Chairman
___________________________________________
Vice-chairman
___________________________________________
Commissioner
ATTEST:
_____________________________________________
Julie Kjorsvik, Clerk of the Board
APPROVED AS TO FORM:
_____________________________________________
Neil A. Caulkins, Deputy Prosecuting Attorney