HomeMy WebLinkAboutRES 2023-088BOARD OF' COUNTY COMN{ISSIONERS
COUNTY OT'KITTITAS
STATE OT'WASHINGTON
RESOLUTION
No.: 2023- D88
A RESOLUTION AUTHORIZING EXECUTION OF'A REVOCABLE LICENSE
WITH KVFR
WHEREAS: KVFR desires to conduct fire and emergency training exercises on the
County-owned property formerly known as the Shady Acres Mobile Home
Park; and
WHEREAS: Kittitas County seeks to further the public good by providing such training
opportunity; and
WHEREAS: in order to accomplish this, a revocable license (attached) has been drafted to
clearly spell out the scope and nature ofthe proposed property use, and to
permit the same.
NOW THEREFORE' BE IT RESOLVED that the Kittitas County Board of
Commissioners authorize execution of the attached revocable license related to the fire and
emergency training exercises proposed to be conducted on the former site of the Shady Acre
Mobile Home Park by KVFR.
ADoPTED tllis IAL aav of ()J/fu-2023, atEllensburg, Washington.
BOARD OF COI]NTY COMMISSIONERS
, Vice-Chairman
ATTEST:
OF BOARD
A. Kjorsvik
APPROVED AS TO FORM
ty
a
DEPUTY PROSECUTOR
This revocable license agreement ("license') is entered into this Wut
2}2!between Kittitas County, a subdivision of the State of Washington
Kittitas County Fire and Rescue.
REVOCABLE LICENSE AGREEMENT
BETWEEN KITTITAS COI]NTY AIID KVF'R
of ulLQ--
("County") and the
WHEREAS, Licensee desires to conduct fire/emergency training exercises upon certain real
property owned by the County that is commonly known as the site of the former Shady Acres
Mobile Home Park; and
WHEREAS the County desires to allow Licensee to engage in such activity upon 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 the former
mobile home park known as Shady Acres.
2. The County does hereby grant to Licensee this nonexclusive Revocable License for a
period of Three (3) Months from the effective date of this License to conduct fire/
emergency training exercises. 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 3 month period, 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 conduct fire and emergency haining
exercises on certain County-owned property, 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 3 month term, provided that the County gives written notice, as provided herein, thirty
(30) 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 indemniff 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 coilrmences 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:
Les W Srfl A.r.- S*<- (o
Et-ce-ns6.r{c., lArA I tq z t
Notice to the lit"t r"" shall be sent to:
tcQ
IN WITNESS WHEREOF this Revocable License Agreement is executed and shall become
effective as of the date first above written.
LICENSEE
By:h
Y.i \l r \a.s V,,\\t ra Rescu €-
KITTITAS COUNTY
Cot
'n
wty
ATTESTi
Julie Kjorsvik, Clerk of the Board
APPROVED AS TO FORM:
Neil A. Caulkins, Deputy Prosecuting Attorney