HomeMy WebLinkAboutAgreements/Contracts - ElectionsK19-053
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made between the City of Soap Lake, 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 Soap Lake, 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. The ballot box
shall only be used during elections (approximately 19 days per election); the remainder of the
time, the ballot box shall be sealed and unused.
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. Grantee specifically grants Grantor the
right to place ballots into the ballot box which have been mistakenly placed into Grantor's
adjacent utility payment box and agrees to indemnify and hold the City harmless from any
claims associated with such activities pursuant to section 8 herein.
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 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 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 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 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 limitation, 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 Soap Lake, Washington
Autumn McHugo, City Clerk
PO Box 1270
Soap Lake, WA 98851
Telephone: 509-246-1211
Email: autumnm Ldsoaplakewa.gov
Copy to: Katherine Kenison, City Attorney
Lemargie Kenison Franz And Whitaker
107 D Street NW
Ephrata, WA 98823
Telephone: 509-754-2493
Email: kkenisonabasinlaw.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: miaderlundruantcountvwa.i4ov
tgibb &grantcountvwa.gov
Copy to: Grant County Central Services
Attn.: Thomas Gaines, Director
264 West Division Avenue
Ephrata, WA 98823
Telephone: 509-754-2011 x3276
Email: tgainesacgrantcountywa.,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: jtmitchell(cgrantcountywa..gov
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 T day of , �/�1� 12019.
City of Soap Lake, Grantor
BY: Mayor Raymond Gravelle
Board of Grant County Commissioners
Grant County, Washington, Grantee
Tom Taylor, Chair
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Cindy Cartk, Vice -Chair
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Richard Stevens, Member