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HomeMy WebLinkAboutREVOCABLE LICENSE RoohaniREVOCABLE LICENSE AGREEMENT BETWEEN KITTITAS COUNTY AND POOYA ROOHANI 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 Pooya Roohani. WHEREAS, Licensee desires to build a road upon certain real property owned by the County that is that portion of the Bowers Field Airport known as Lot C-37; 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 Lot C-37. 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 construct a road, including curbs, gutter, and sidewalks to applicable road standards. 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 all 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 construct a road to applicable standards that shall, upon completion, be dedicated to and turned over to County ownership, all at no cost whatsoever of any kind to Kittitas 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. 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. 6. 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. 7. The venue for any litigation regarding this License shall be Kittitas County Superior Court. 8. This License shall be construed according to the laws of the State of Washington. 9. 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