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Home My WebLink AboutCentral Puget Sound Regional Transit Authority ST13 — 243 LICENSE THIS LICENSE is made this 3rd day of May 2013 between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority formed under the laws of the State of Washington, ("Sound Transit"), and the City of Auburn, a Washington municipal corporation with its principal office at 25 West Main Street, Auburn, WA 98001- 4998 (the "City"). A. Sound Transit owns the property known as the Auburn Multimodal Transit Facility located at 25 "A" Street SW in Auburn, Washington, and more commonly known as Auburn Station(the "Property"). B. Sound Transit and the City entered into that certain Lease dated June 26, 2002 for a portion of the Property identified as the Leased Premises as defined in Section 1.5 of the Lease. C. Section 2.5 (d) of the Lease (the full text of which is set forth on Exhibit B) allows the City to request the right to use all or a portion of the Plaza as defined in the Lease, for itself or third persons for special events, including street fairs. D. The City desires to hold a public market in the two Plaza areas, the Kiss and Ride Spaces, and the driveway between the two Plaza areas that is used by King County Metro and Sound Transit to provide scheduled bus service to transit riders (the "Bus Loop") of the Property and has requested use of these areas for this ongoing weekly special event. E. The City's use of the Bus Loop and Kiss and Ride Spaces requires the vacation of the Bus Loop and the bus stop used by special needs transportation services vehicles (paratransit services) (the "Bus Stop").on the Sundays scheduled for the 2013 farmers market and rerouting of the buses and paratransit vehicles. F. The City will provide an alternate bus route on "A" Street during the farmers market (the "Temporary Bus Stop"). G. Sound Transit has received approval from King County Metro and the Sound Transit Board to vacate the Bus Loop and the Bus Stop (collectively the "Bus Facilities"), and agrees to allow the use of the Plaza areas, the Bus Facilities, and Kiss and Ride Spaces by City in accordance with the terms and conditions contained in the License. H. Sound Transit will be performing required maintenance on the Bus, Station, Platform, and Plaza facilities during the period between May 1, 2013 and October 31, 2013. Sound Transit's planned work will require temporary closure of the Bus Loop and adjacent areas for approximately four to six weeks. Sound Transit will work with the City and King County Metro to identify areas on the street adjacent to the Property to use as temporary bus bays. Other areas, including the shelters and plaza may experience closures. Temporary construction scaffolding and fencing will be present during shelter renovation as well. The City recognizes and acknowledges that Sound Transit's planned work may impact their ability to conduct the fly Farmer's Market License 2013.doc I Please In' / � r farmers market activities in whole or in part. Sound Transit will attempt to schedule the work to minimize interference with the 2013 farmers market. Now, therefore, in consideration of the covenants and promises contained in the License, and other valuable consideration, the parties agree as follows: 1. License. In consideration of good and valuable consideration, the sufficiency of which is hereby acknowledged, Sound Transit hereby permits City, at City's sole risk, cost and expense, to conduct a farmers market in the Plaza areas, the Bus Facilities, and Kiss and Ride Spaces hereinafter referred to as the "Farmers Market" and that any permit fees charged for vendor space shall not be considered "revenue" as set forth in Exhibit B during the 2013 Season. Any revenue consideration for subsequent Seasons will be evaluated upon the City',s request to extend the License. The Plaza areas, the Bus Facilities, and Kiss and Ride Spaces together comprise the license area which is depicted on Exhibit A (the "License Area"). 2. Use of License Area. The City may use the License Area to install, access, operate, maintain, repair, replace and remove the Farmers Market for so long as this License remains in effect. The City agrees that its use of the License Area shall not interfere with the normal operations of the Property as a transit center except as specifically provided herein and train station, or with any electrically controlled railroad signals, telephone, or other circuits of railroad, and of any telephone or other company or person operating circuits on the Property or along the tracks. 3. Term and Hours of Operation. The City may operate the Farmers Market in the License Area weekly on sixteen consecutive Sundays beginning on the second Sunday .of June and ending on the fourth Sunday of September (the "Season") during the term of this License. The hours of operation for each Sunday shall be from 7:30 AM to 3:30 PM ("Hours of Operation"). This eight-hour time frame includes time for set-up and take-down. The term of this License shall commence on June 9, 2013. The City shall have the option of extending the term each year for successive Seasons upon providing written notice to Sound Transit at least ninety (90) days in advance of the beginning of each successive Season. The City acknowledges that King County Metro and Sound Transit will vacate the Bus Facilities on a trial basis and will evaluate the impacts to its scheduled service. 4. Conditions of Use. a. The City, at its expense, shall: (1) Provide and install any necessary NO PARKING signage on "A" Street (eastside of the Parking Garage) to prevent vehicle parking and keep the street clear to accommodate the rerouted bus and paratransit traffic. Farmer's Market License 2013.doc 2 Please Initia� (2) Provide and install temporary signage at the Bus Facilities to direct commuters and passengers to the Temporary Bus Stop and alternate bus stops if required. (3) Provide a designated person to stand at the vacated Bus Facilities during all of the normally scheduled bus and paratransit route hours and direct commuters and passengers to the Temporary Bus Stop or alternate bus stop. b. The City shall have any vehicles parked on A Street or the Temporary Bus Stop towed to keep the street cleared for the Temporary Bus Stop. C. The City shall direct Farmers Market customers to park only in the City's 42 designated parking stalls in the Parking Garage and shall direct all overflow parking to other City owned parking facilities during Sound Transit's special events to ensure that Sound Transit's commuters and passengers have adequate parking available. Sound Transit's schedule of special events is listed below: June 9, 2013 Mariners vs New York June 23, 2013 Mariners vs Oakland June 30, 2013 Mariners vs Chicago July 14, 2013 Mariners vs Los Angeles July 20, 2013 Sounders vs Colorado July 28, 2013 Mariners vs Minnesota August 11, 2013 Mariners vs Milwaukee August 25, 2013 Mariners vs Los Angeles September 8, 2013 Mariners vs Tampa Bay TBD September 22, 2013 Seahawks vs Tennessee Sound Transit will provide notice to City if any additional events are scheduled. d. The City shall install an approved barrier at the west end of the License Area barring access to the railroad tracks. e. The City may permit artists to create and display chalk art on the surface area of the plaza area near the bike lockers in the area depicted on Exhibit A. The City is responsible to ensure that only nontoxic, environmentally friendly, water- soluble chalk is used. The City understands that Sound Transit's planned maintenance activities may impact the appearance of the chalk art display. The City shall be responsible to ensure that the chalk art is kept within an acceptable standard of public display, or may elect to remove the display if it becomes damaged. Sound Transit may request that the chalk art be redrawn or removed at any time the chalk art appears to be unsuitable for public display. Upon the conclusion of the Season, the City, at its expense, shall restore the area to as good or better condition as existed prior to the beginning of the Season. Farmer's Market License 2013.doc 3 Please Initia EXHIBIT A THE LICENSE AREA Steel fencing �,•�,.»�.:�..�_ .�..u•..�•�a..,-R_;�,,.�,_..... ....•:_ ....•��:�n-:ti�..�-.. Q Mesh fencing r--� -}.--. —w , •j _,T. Q Vendor booth Food booth QAIFM booth i.""-'— r'""''°'•' �_�� If .... . ... . _:a IIIII Bike Lockers Illllllil 111111 . .- IF�IIf•Illlilll711111 Ds ® �0 Demonstration � ✓ � I ` Area Tables '— f :IV Tables rid • Tables • ^4. ` . x i ,� '� J41 40, 1' u IN, of I ti • x x ;. Auburn Int'I Farmers Market ( 2013 Site Plan as of 4110/13 Farmer's Market License 2013.doc 10 Please Initi EXHIBIT B 2.5 (d) Special Events. City may request the right to use all or a portion of the Plaza, for itself or third persons for special events. Sound Transit shall grant such right provided that the requested use is consistent with Sound Transit's reasonable written policies for public use of the Plaza in effect at the time of the request and that the proposed use will not unreasonably interfere "with the use of the Station for public transit purposes. "Special events' include but are not limited to street fairs. City shall give Sound Transit not less than thirty (30) days prior written notice of each special event proposed to be held in the Plaza. If Sound Transit determines the special event is inconsistent with its policies or would unreasonably interfere with Sound Transit's use of the Station for public transit purposes, Sound Transit shall so notify City not later than seven (7) days after receipt of City's request. At its expense, City shall provide, perform or cause to be performed all security, maintenance, set up, take-down, appropriate cleaning and refuse pickup and all other services required or desired by City and those reasonably required by Sound Transit for each special event, both during the special event and promptly after the end of each special event authorized under this Section 2.5(d). Any damage to the Plaza suffered during such special event shall be repaired by City at its expense unless (i) caused by Sound Transit or its customers, contractors, invitees or licensees in which case Sound Transit shall repair such damage at its expense or (ii) caused by an occurrence that is unrelated to the special event. If City derives any revenue from a special event under this Section and such revenue exceeds City's costs of the special event, then unless otherwise agreed Sound Transit shall be entitled to fifty percent (50%) of such excess in exchange for City's use of the Plaza for such special event. For such purposes, City's "revenue" means those charges collected by City from third parties in exchange for use of the Plaza or part thereof during the special event and does not include derivative benefits such as tax revenues and City's "costs" includes overhead such as but not limited to the salaries, wages and benefits paid to City's employees reasonably allocable to the amount of time spent by them in connection with the special event. On Sound Transit's request, City shall permit Sound Transit to inspect and copy City's books and records related to a special event. Farmer's Market License 2013.doc I I Please Initia I Cf—J Y 00= k.JRN r Cam C,? T SOUNVTRANS►T KAY 2013 May 17, 2013 CHAIR Lisa Moore Pat McCarthy Pierce County Executive City of Auburn 25 West Main Street vlcE CHAIRS Auburn WA 98001 Julia Patterson King Countv Councibnentber Aaron Reardon RE: LICENSE—AUBURN FARMER'S MARKET Snohomish County Executive BOARD MEMBERS Dear Ms. Moore: Claudia Balaucci Bellevue Councilmember Enclosed is one fully signed original of the License Agreement for the Fred Butler Issaquah Council President upcoming 201 3) Auburn Farmers Market held at Auburn Station. Richard Conlin Seattle Councilmember It was a pleasure working with you. Please call me at 206.398.5430 if you Dow Constantine have any questions. King County Executive Dave Earling Sin y, Edmonds Mayor Dave Enslow Sumner Movor John Marchione Marmion Redmond Mayor Leasing Document Coordinator Sound Transit Joe McDermott King County Councilmember 401 S. Jackson St., MS01 S-2 Seattle, WA 98104 Mike McGinn Direct: 206.398.5430 Seattle Mayor Fax: 206.689.4975 Mary Moss angela.marmion(o)soundtransit.orq LakeivoodCouncilnrember Lynn Peterson Enclosures Washington State Secretary of Transportation Larry Phillips King County Councilmember Paul Roberts Everett Councilmember Marilyn Strickland Tacoma Mayor Peter von Reichbauer King County Councilmember CHIEF EXECUTIVE OFFICER Joni Earl Central Puget Sound Regional Transit Authority•Union Station 401 S.Jackson St.,Seattle,WA 98104-2826•Reception:(206)398-5000•FAX:(206)398-5499 www.soundtransit.org