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Home My WebLink AboutAgreements/Contracts - ElectionsK 19-023 W 3 LICENSE AGREEMENT THIS LICENSE AGREEMENT is made between the City of Warden, a municipal corporation of the State of Washington (Grantor), and Grant County, a political subdivision of the State of Washington (Grantee). RECITALS A. Grantor owns real property located in Warden, Grant County, Washington which is depicted on the attached map (Exhibit A). Grantee desires to use a portion of this property as described on Exhibit A for the location and maintenance of a ballot drop box. B. The design of the ballot drop box is depicted on the attached drawing (Exhibit B). C. Grantor is willing to permit such location and maintenance of the ballot drop box pursuant to the terms of this License Agreement. Grantor acknowledges the benefit of locating the ballot drop box on City property to facilitate and encourage electoral participation by local residents. D. The parties therefore agree as follows: AGREEMENT 1. Grant of License To Use Grantor's Property. Grantor grants to Grantee a limited License to use Grantor's property as depicted on the attached Exhibit A for the purpose of locating and maintaining a ballot drop box as described in the attached Exhibit B. Grantee shall be responsible for maintaining the ballot drop box in good repair in a neat, clean, safe, sanitary, and graffiti -free condition. If the ballot drop box is breached, damaged, vandalized, or defaced in any way, Grantee shall re -secure, repair, or replace the ballot drop box as soon as practicable after receiving notice thereof. Further, Grantee shall repair the ballot drop box or related infrastructure as a result of any damages caused by, but not limited to, weather (e.g. wind, ice, lightning, etc.) or the actions of third parties (e.g. vandalism, vehicular accidents, etc.). Grantee shall be responsible to provide for the security of the ballot drop box and its contents. If any threat is made with respect to the ballot drop box, such as an incendiary or other device, Grantee shall provide immediate notice to Grantor and Grantee shall be solely responsible for responding to and resolving that threat. 2. Scope of License. The License shall be solely for the limited purpose of installing and maintaining the ballot drop box. Grantee shall not make any improvements to the property without first obtaining written authorization from the Grantor. Grantee shall be responsible for obtaining any regulatory approvals necessary to install and locate the ballot drop box. 3. Rights of Grantor to Use Grantor's Property. The License granted is subject to the rights of Grantor, its successors and assigns, to use the property. 4. Term of License. The term of this License shall be for ten (10) years unless otherwise revoked by the Grantor as provided for in section 5 below. 5. Revocation of License. The License may be revoked by the Grantor at any time and without prior notice when necessary to protect the public's health, safety, or welfare as determined by Grantor; provided, however, that Grantor shall make reasonable efforts to find an alternate location for placement of the ballot drop box for the remaining License Term. Upon receipt of notice of revocation, Grantee shall immediately (within 30 days) remove or cause to be removed the ballot drop box and related improvements, discontinue use of the property, and shall return the property to its original condition. If, however, Grantee provides documentation and verification that the work is in progress but will not be completed with the 30 days, Grantor agrees to provide additional time for completion of the work up to, but not to exceed, 60 days from the notice of revocation. 6. Temporary Removal of Ballot Drop Box. When determined necessary by Grantor to protect the public's health, safety, or welfare, Grantee shall remove and store the ballot drop box at its sole cost and expense within 30 days' after receipt of notice from Grantor. Any period of temporary removal shall not exceed a period of six (6) months. 7. Extent of Grantee's Interest. The License is a grant to use Grantor's property for a specific use only, and does not constitute an interest in land. This License is not inheritable, assignable, or transferable, and is personal to the Grantee. 8. Indemnification. Grantee shall indemnify, defend, and hold Grantor, its elected or appointed officials and employees harmless from all claims, liabilities, costs, attorney fees, and expenses of any kind, type, or nature whatsoever arising out of or in any way relating to: (a) Grantee's use of the property or the premises pursuant to this Agreement, specifically including, without limiation, any use of or entry onto the property by any member of the public in relation to the ballot drop box; (b) any activity, work, or thing done, permitted or suffered by Grantee in or about the property or premises; (c) any breach or default in the performance of any obligation to be performed by Grantee under this Agreement; or (d) any act or omission of Grantee or of its elected or appointed officials, contractors, servants, agents, or employees caused by negligence or willful misconduct. Grantee's obligation to indemnify Grantor includes an obligation to indemnify for losses resulting from death or injury to Grantee's elected or appointed officials, contractors, servants, agents, or employees, and Grantee hereby waives any and all immunities it now has or hereafter may have under Title 51 RCW (Industrial Insurance), or other worker's compensation, disability benefit, or other similar act that would otherwise be applicable in the case of such a claim and further acknowledges that such waiver was mutually negotiated by the parties as required by RCW 4.24.115. 9. Governing Law and Venue. This License Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and any litigation arising out of this License Agreement shall be in Grant County, Washington. 10. Notice. Any notices required or desired to be given shall be by telephone, electronic mail, and U.S. mail to the person set forth below: Grantor: City of Warden, Washington Kristine Shuler 121 S Main Street Warden, WA 98857 Telephone: 509-349-2326 Fax: 509-349-2027 Email: kshulerkcityofwarden.ora Copy to: Katherine Kenison, City Attorney Lemargie Kenison Franz And Whitaker 107 D Street NW Ephrata, WA 98823 Telephone: 509-754-2493 Email: kkenisongbasinlaw.com Grantee: Grant County Auditor -Elections Division Attn.: M. Jaderlund/Trisha Stevens 35 C Street NW, Room 203 Ephrata, WA 98823 Telephone: 509-754-2011 x2733/x2777 Email: miaderlund(a,arantcountvwa.aov taibb2grantcountywa.gov Copy to: Grant County Central Services Attn.: Thomas Gaines, Director 264 West Division Avenue Ephrata, WA 98823 Telephone: 509-754-2011 x3276 Email: tgaines a,grantcountywa.gov Copy to: Grant County Prosecuting Attorney/Civil Division Attn.: James T. Mitchell, Civil Deputy 35 C Street NW, Law & Justice Building Ephrata, WA 98823 Telephone: 509-754-2011 x3916 Email: jtmitchellkgrantcountywa.aov 11. Entire Agreement. This License Agreement is the complete and exclusive agreement between the parties, which supersedes all proposals or prior oral agreements, and all other communications between them relating to the Grantor's property. Amendments or modifications to this Agreement shall only be effective if they are in writing and signed by both parties. DATED this ay of City of Warden, Grantor By: Wyor Tony Massa Board of Grant County Commissioners Grant County, Washington, Grantee i7ff5�4�= Tom Taylor, Chair L Cindy Carter, Vice -Chair 26�A - - Rich -ii d Stevens, Member _ - ❑ X Con �GC Tetf`Ttrth�YyT x-�: T..,X X t_+a Convert aSelect Assessor Treasurer AppraisalC= °a 060196000 Warden, City of ' 72 - Recreational - Public assembly 121 S Main St 115 NOAK ST Warden WA EXEMPT FULL YEAR 98857-9651 LOT 2 LS TAX# 10422; ALL LOTS 3 & 4 BLOCK 3 WARDEN a2018 Taxable Vdlue Land: $9,260 Land: $0 District: 0034 -0034 Improvements: $231,195 Improvements: $0 Current Use/DFL: No Permanent Crop: $0 .Permanent Crop: $0 Senior/Disability Exemption: No Total $240,455 Total $0 Total Acres: t Warder., City of 100 0/0 :Warden, City of 0% Sales History ^4 „ncine v. n n,, n 1 OnnFl QOS1 -AOnCN CC—D r—CQ Tnv- ring „f urecA— an The Box will be located at the indicated parcel below. ❑ x iii pian::.a.mapsdter.com i *al }J - 0`r Centart �Ctf¢ElL' TenaS =rFerraSca Terra5cn `� �Garl{Lo_ AriLi .. X t -Convert N Select Examples: Parcel. 130005000 Address: 109 W Division Owner Washington Mutual Section: T11 R29S30 Wtldcards: %- all characters 12% court _ (underscore) - one character 2 N 4th 1nock MAP IS FCf. JNFCRMATICNiv PURPOSES ONLY. LATA MAY NOT BE CURr.EN17 Legend Distance 0 Area X Pamel 06036300 Qistnct Snicrmarcn Owner Warden, Cit/ of Address-. 115 N OAK ST i4