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