ily yrane e City Clerk's No. W241 yao. CONTACT NITHORTZATION RECEIVED APR 04 1994 TTY CLERKS OFFICE SPOKE, WA Date ___March 29, 1994 Account. No. SONRACT TOPIC: Bus Shelter Lease Agreement with SPOKANE TRANSIT AUTHORITY; -- $1.00 per year revenue. CONTRACT BACKGROUND: ‘This lease is for a twenty (20) year period, commencing upon signature by both Parties and ending twenty years fram that date. ‘The lease is for use of public right-of-way in order to install, construct. and maintain one (1) bus shelter for the benefit of STA's transit patrons, and located at 3212 East Sprague Avenue. ivisign Director Finance DISTRIBUTION Badget Control Taxes & Licenses Congr Seey 4/89City Clerk’s No. 4-183 BUS SHELTER LEASE AGREEMENT THIS AGREEMENT is between the City of Spokane, A Washington State municipal corporation, as "City," and the SPOKANE TRANSIT AUTHORITY, a ‘Washington State municipal corporation, as "STA." WITNESSETH: 1, PURPOSE. The purpose of this agreement is to provide STA with the use of the public right-of-way in order to install, construct and maintain one (1) bus shelter for the benefit of ST'A’s transit patrons; and to set our responsibilities for maintenance and repair of the shelter. 2. PREMISES. The City hereby leases to STA real property located at __ East 3212 Sprague Avenue , City and County of Spokane, State of Washington, (hereinafter called "the premises”), and depicted on the plot plan in Exhibit "A"; attached to this agreement and a part of it. 3. TERM, This agreement shall be in full force and effect for a period of twenty (20) years, beginning upon signature by bothi parties, unless terminated earlier. 4. RENT. STA agrees to pay the City, as rent for the use of the Premises, the sum of ONE AND NO/100 DOLLAR ($1.00) per year, payable annually, upon presentation of a bill by the City. 5. USE OF PROPERTY, ‘The premises shall be used for the erection, maintenance, and operation of a bus shelter by STA, and related improvements, ingress and egress from, the loading and unloading of buses and other transit vehicles, and all similar and related transit uses. 6. UTILITIES: A. Electricity, ‘The City agrees to provide overspill lighting on the premises from nearby street lighting. Any additional electricity/lighting shall be at STA’s sole expense. B. Refuse. STA shall be responsible for litter cleanup. 7. SNOW REMOVAL, In accordance with local law, snow removal adjacent to the premises shall be the responsibility of the abutting property owner. 8. OWNERSHIP OF SHEL is of standard design and construction, The shelter shall be built and inspected to STA standards. STA agrees to repair and maintain the shelter so long as financially and practically feusible, in its sole discretion, STA shall retain ownership of the shelter. The bus shelter to be built on the premisesCity of Spokane Bus Shelter Lease Agreement Page 2 9. _ LIMITS OF USE. STA shall have the right to install one readerboard inside the shelter which is limited to route information, bus schedules, and similar items. No paid advertising is to be allowed. ‘The City’s customers and/or patrons, if any, shall make no use of the premises except as specifically authorized in this agreement. 10. LIMITS AND IMPROVEMENTS, STA shall not permit any mechanic's or materialman’s or other liens of any kind to be enforced against. the premises for any work done or materials furnished thereon at the request or on behalf of STA. STA shall indemnify, defend, and hold the City harmless from any such items, claims, demands, costs, charges, and expenses. 11. MAINTENANCE AND REPAIRS, STA, at its own cost and expense, shall maintain and keep in good repair the shelter or related improvements which it places on the premises, If STA fails to maintain and repair, as herein provided, after due notice received from the City and the opportunity to repair the shelter, the City shall have the right to perform such maintenance or repair at the City’s sole option at the expense of STA. This remedy may not be exercised in conjunction with the default provisions. 12, GOVERNMENT CHARGES. STA shall have no obligation for state taxes, assessments, or governmental charges of any kind against the premises. 13. DEFAULT. If STA shall fail to perform any term or condition of this agreement, the City may, after giving ninety (90) days’ written notice, to correct, said default, terminate this agreement. If the City shall fail to perform any term or condition of this agreement, STA may, after giving thirty (30) days’ written notice, terminate this agreement. 14, LIABILITY. A. STA will indemnify, defend and hold the City harmless for any loss, damage, cost, charge, or expense to which the City may be put by reason of any act or omission of STA, its employees, agents and licenses on or to the premises B, The City will indemnify, defend and hold STA harmless for any loss, damage, cost, charge, or expense to which STA may be put by reason of any act or omission of the City, its employees, agents, and licenses on or to the premises. 15, SUCCESSORS AND ASSIGNS. This agreement and each of its terms, and conditions shall be binding upon the parties and their respective successors and assigns. Neither party shall have the right to assign this agreement or any of its rights and obligations without the written consent of the other party.City of Spokane Bus Shelter Lease Agreement Page 3 16. SURRENDER, At the end of the lease, STA will peaceably and quietly surrender poss of the premises to the City without the giving of any notice to quit or demand for possession thereof. STA will remove all signs, structures, or improvements on the premises and will repair any damage caused by such removal. STA may request permission from the City to not remove the structure. Such decision to be at the sole discretion of the City. 17. QUIET POSSESSION. The City covenants that STA has full right to the premises for the uses and purposes herein provided and that STA, upon complying with the terms and conditions of this agreement, shall have and quietly enjoy the use of the premi 18. EMINENT DOMAIN. If the whole or any substantial part of the premises hereby leased shall be taken by any governmental agency under the power of eminent domain, STA shall have the right to either terminate this agreement upon initiation of such action, or to continue in possession of a remainder of the premises under the terms herein provided. The City shall seck to relocate the shelter to an STA approved location on an adjoining public right-of-way. 19. NOTICES. All notices required by this agreement shall be in writing and shall be personally served on the party for whom it is intended or sent by certified mail, return receipt requested. The notices shall be addressed as follows: CITY : Director of Public Works Third Floor, City Hall West 808 Spokane Falls Boulevard Spokane, WA 99201-3343 STA : Planning Manager Spokane Transit Authority West 1230 Boone Avenue Spokane, WA 99201 Any party may change address or designee by giving written notice of such change to the other parties. 20. TERMINATION. STA may early terminate this agreement upon thirty (30) days’ written notice in the event of the premises becoming unfeasible due to route changes, extraordinary maintenance or repair costs, etc. Upon termination of this agreement for any reason, STA shall have thirty (30) days from the termination date to remove ail improvements placed or installed by STA on or to the premises.City of Spokane Bus Shelter Lease Agreement Page 4 CITY OF SPOKANE SIGNED ON BY ATTEST Approved as to form: Attorney SPOKANE TRANSIT AUTHORITY SIGNED ON 11/9 BY F is WS : ATTEST » Rabb Keenan oCity of Spokane Bus Shelter Lease Agreement Page 5 CITY OF SPOKANE STATE OF WASHINGTON) ) ss. COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence that __Roger D. Crum and Marilyn J. Montgomery > signed this document, on oath stated that they were authorized to execute it and acknowledged it as __City Manager and ___ City Clerk respectively, of the City of Spokane, to be the free and voluntary act of such a party for the uses and purposes thegesy" lonpd. aa gene DATED: _February 10, 1994 8 STATE OF WASHINGTON} COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence the Robert Allen Schweim and Debbie Leinan signed this document, on oath stated that they were authorized to execute it and acknowledged it as the Executive Director and the Clerk, of SPOKANE TRANSIT AUTHORITY, a municipal corporation, to be the free-and voluntary act of such party for the uses and purposes therein mentiawéd: DATED: _ 2/17/94 br ur teie Sy. —fudate® if Gignature of Not Bipods: a My appointment expiresBNNZAy anbHYd> wv 9 prmaae bonusty i & “iat | Hod HIM Tats aaouuo | | + ib NO GUIS BIBUINOD I~] Exhibit “A” 28 By Mild. : ng UM ah Per, eens SMOG P-L, Ped UX,7] 7 - QLIlae