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Home My WebLink AboutAgreements/Contracts - ElectionsTOWN OF COULEE CITY 501 West IN'tain Street P.O. Box 398 -Coulee City, WA 99115-0398 August 14, 2019 (509)-632-5331 Phone (509)-632-5125 Fax E-mail: tcouleecctodessaoffice.com Grant County Board of County Commissioners Election Department PO Box 37 Ephrata, WA 98823 Y — f Ck- I L OLDEST Town Im RANT COUNTY After review by the Town's legal counsel, the Town of Coulee City has drafted a proposed License Agreement as an alternative to the Ballot Drop Box Property Use Agreement submitted for approval. Enclosed is a copy of the proposed License Agreement, signed by Mayor ShirleyRae Maes, u for review and signat re. Fve enclosed a second signed copy of the signature page for return upon approval and signature. Please provide a copy of the design drawing of the ballot drop box to be attached as Exhibit C. Once the agreement has been fully executed, you are welcome to proceed with installation. Please contact City Hall for coordination with our Superintendent Jim Holcomb -regarding the upcoming installation. Thank you, Natalie Garrett Clerk/Treasurer Enclosure LICENSE AGREEMENT THIS LICENSE AGREEMENT is made between the Town of Coulee City, 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 Coulee City, Grant County, Washington which is depicted on the attached map (Exhibit B). 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 C). C. Grantor is willing to permit such location and maintenance of the ballot drob p pursuant to the terms of this License Aox greement. 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 ®f License to Use GrantWs PLqUertv- 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 C. Grantee shall be responsible for maintaining the ballot drop box in good repair in a neat clean, safe, sanitary, and graffiti -free co ndition. If the ballot drop box is breached d vandalized, or defaced in. any waamaged, y, 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 wind; lee, lightning, etc.) or the actions of third parties (e.g. vandalism, ,weather (e.g. vehicular accidents, etc.). Grantee shall be responsible to provide for the security of the ballot drobox a p contents. If any threat is made with resnd its pect to the ballot drop box, such as an incendiaror other device, Grantee shall provide immediate notice to Grantor and Grantee shall y be solely resonsible for responding to and resolving that threat. p 2. Scope ®f 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. Ei2hts ®f Grantor i® Use Grantor's ProiDertv. The License granted is subject to the rights of Grantor, its successors and assigns, to use the property. LICENSE AGREEMENT PAGE 1 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 ®f License. The License may be revoked by the Grantor at any time and without prior notice when necessary to protect thepublic's health, safety and/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 Tenn. 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 co ' completed with the 3 0 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 Remova ®f Ballot Dro-D Box. When determined necessary by Grantor to protect the public's health, safety and/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 assignable, or transferable , tute an interest in land. This License is not inheritable , 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 feesand , 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 limitation, any use of or entry onto the property by any member of the public in relation tot 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 anobligatio be performed by Grantee under this Aeement; n to gror (d) any act or omission y of Grantee or of it elected or appointed officials, contractorsservants s , , aents, 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 bother worker's compensation be , disability fit, 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. Governin2 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. LICENSE AGREEMENT PAGE 2 10. Nofice. Any notices required or desired to begiven shall be by telephone, electronic mail, and U.S. mail to the person set forth below: Grantor: Town of Coulee City, Washington Natalie Garrett, City Clerk 501 West Main Street PO Box 398 Coulee City, WA 99115 Telephone: 509-632-5331 Email: tcouleeacodessaoffice.com Copy to: Katherine Denison City Attorney Lemargie Denison Franz and Whitaker 107 D Street NW Ephrata, WA 98823 Telephone: 509-754-2493 ) Email: kkenison(2cbasinlaw.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 x273 3/x2777 Email: m'aderlund-@, I _ganteountvwa. Dov t2ibbawgrantgoun�twa.gov Copy to: Grant County Central Services Attn.: Thomas Gaines, Director 264 West Division Avenue Ephrata, WA 98823 Telephone: 509-754-2011 x3276 Email: tQ�ainesawgrqntcounta.Dov 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:, itmitchell na P7rantcount3yq.gov 11. Entire A2reement. This License Agreement is the complete and exclusive agreement between the parties, which supersedes allproposals 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. LICENSE AGREEMENT PAGE 3 DATED this _ I - day of Grantor: Town of Coulee City BY: Shirley ae Maes, ayor LICENSE AGREEMENT 2019. Grantees Board of Grant County Commissioners Grant County, Washington r Richard Stevens, District I ATTEST: PAGE 4 EXHIBIT A (Parcel Number of Subject Property) X .......... ........................ 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