HomeMy WebLinkAbout7568107 Rail Hop'n Brewing Co. Grand Opening - B Street Lot - Docusign Envelope ID:CE29FAF7-1B8F-4EDE-A98B-7DDCE2FB8668
PROPERTY USE LICENSE AGREEMENT
B STREET PARKING LOT—BREWERY GRAND OPENING
THIS LICENSE is issued on this 15th day of July ,2024,by the City
of Auburn, as Licensor ("CITY") to the Rail Hop'n Brewing Co., as Licensee ("RAIL
HOP'N").
I. RECITALS
1. The CITY owns a surface parking lot located in Auburn's downtown consisting
of King County parcel number 0483000040 (the "Lot").
2. The Lot provides support to Auburn's downtown businesses by providing off-
street parking and an occasional event space.
3. Rail Hop'n is a local small business which recently occupied a neighboring
property at 131 E. Main Street Auburn.
4. Rail Hop'n wishes to utilize the Lot to hold a grand opening for their new retail
location.
II. AGREEMENT
1. License. Subject to the conditions set forth herein,the CITY grants a non-exclusive
License to RAIL HOP'N, its vendors and guests (collectively "RAIL HOP'N") to
hold a Grand Opening event on the Lot between the times and on that date identified
below. The CITY approves the proposed utilization of the Lot based upon the RAIL
HOP'N submitted site plan attached as Exhibit A.RAIL HOP'N shall keep the Lot
clean and free of litter during their use and pick up all trash and debris on the Lot
prior to expiration of their use. The Lot shall be returned to the CITY in the same
condition as it was prior its use, reasonable wear and tear exempted, and RAIL
HOP'N shall remove all equipment,vendor items, signage, tape/cordage, etc. from
the Lot. Under no circumstances will RAIL HOP'N allow or be permitted to store
hazardous materials or waste as defined in RCW 70.102.010 (5) & (6).
At all times the CITY shall have unannounced and unnoticed access to the Lot as
long as such access does not interfere with RAIL HOP'N's use of the area.
2. Dates and Times of Use. RAIL HOP'N is entitled to possession and use of the Lot
for the purposes described above between the hours of 12pm — 11pm on the
following date:
• Friday,August 23, 2024
With the exception of cleanup, all uses of the lot must cease by l0pm.
CITY of Auburn/Rail Hop'n Brewing Co.,-Grand Opening
May 30,2024 Page 1 of 6
Docusign Envelope ID:CE29FAF7-1B8F-4EDE-A98B-7DDCE2FB8668
3. Permits. RAIL HOP'N warrants that it will obtain and adhere to the conditions of
a city of Auburn Temporary Use Permit, as well as all other necessary licenses or
permits whether State or local in consideration of their use. RAIL HOP'N shall
furnish copies of said license and permits to the CITY prior to the date of use.
4. License Fee. For RAIL HOP'Ns use of the Lot it shall pay to the CITY a non-
refundable"Fee"in the amount of$355.73. The Fee is inclusive of leasehold excise
tax imposed by RCW Chapter 82.29. The Fee may be issued to the CITY in the
form of a cashiers or personal check made out to the City of Auburn. If mailed,
the check should be mailed to: City of Auburn, Attn: Josh Arndt, mailing address
25 W Main St., Auburn, WA 98001.
5. As-is. RAIL HOP'N acknowledges and agrees that it is relying solely on its
inspection and investigation of the Lot, and accepts it "AS-IS, WHERE IS" with
no warranties of any kind, expressed or implied, either oral or written,made by the
CITY or any employee, agent or representative of the CITY with respect to the
physical condition of the Lot or the utilities. RAIL HOP'N acknowledges and
agrees that neither the CITY nor the CITY's employees, agents, representatives or
otherwise have made, and does not make any representations or warranties of any
kind or character whatsoever, whether expressed or implied, with respect to the
habitability or suitability for RAIL HOP'N's allowable uses. The CITY makes no
warranties regarding presence or absence of any hazardous substances, wastes or
materials as defined by state, federal or local law. CITY does represent that, to the
best of CITY's knowledge, without duty of inquiry, there are no hazardous wastes
or materials on,in, above or under the Lot. CITY is not responsible for the security
of any of RAIL HOP'N's property. RAIL HOP'N takes full responsibility for the
security of its property.
6. Outreach. As a condition of the CITY granting this License, RAIL HOP'N agrees
to perform"outreach"to the businesses and residence located within one block of
the Lot. Outreach shall include providing a flyer to the businesses and residential
properties and at least once on cars parked in the Lot no less than 1 week prior to
the date of use. At a minimum the flyer must describe the location of the event and
the date and time of the event. The flyer shall clearly note that the Lot will be closed
to vehicular parking on such date and times of RAIL HOP'N's granted use. The
flyer must also clearly include contact information for a RAIL HOP'N
representative who can address any questions or concerns.
7. Sianaae. The RAIL HOP'N shall prominently place"No Parking" signs in the Lot
no later than 2 days in advance of RAIL HOP'Ns use dates. The RAIL HOP'N is
also permitted to put up temporary signs during the event hours promoting the
event,or the RAIL HOP'N,vendor signs,or other such signage deemed appropriate
to the event by both parties.
CITY of Auburn/Rail Hop'n Brewing Co.,-Grand Opening
May 30,2024 Page 2 of 6
Docusign Envelope ID:CE29FAF7-1B8F-4EDE-A98B-7DDCE2FB8668
8. Parking Enforcement. The CITY does not warrant or guarantee that the Lot will be
free of motor vehicles parking or otherwise using the Lot during or immediately
prior to RAIL HOP'N's use dates.
9. Insurance. RAIL HOP'N agrees that, at its own cost and expense, it will produce
and continue to maintain, Commercial General Liability(CGL) insurance covering
any and all property located in, and/or activities occurring in the Lot during the
term hereof. Such insurance shall be written with a company or companies
authorized to engage in the business of Commercial General Liability insurance in
the State of Washington and provide coverage for bodily injury and/or property
damage. Commercial General Liability insurance shall be at least as broad as
Insurance Services Office(ISO)occurrence form CG 00 01 and shall cover Lot and
contractual liability. The CITY shall be named as additional insured on RAIL
HOP'N's Commercial General Liability insurance policy using ISO Additional
Insured-Managers Lot Form CG 20 11 or a substitute endorsement providing at
least as broad coverage. Commercial General Liability insurance shall be written
with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate.
RAIL HOP'N's Commercial General Liability insurance policy or policies are to
contain, or be endorsed to contain that they shall be primary insurance with respect
to the CITY. Any Insurance, self-insurance, or self-insured pool coverage
maintained by the CITY shall be excess of RAIL HOP'N's insurance and shall not
contribute with it. RAIL HOP'N's maintenance of insurance as required by this
Agreement shall not be construed to limit the liability of RAIL HOP'N to the
coverage provided by such insurance,or otherwise limit the CITY's recourse to any
remedy available at law or in equity.
10. Waiver of Subrogation Rights. In any case in which the CITY shall pay to RAIL
HOP'N any loss, cost, damage, liability or expense suffered or incurred by RAIL
HOP'N, RAIL HOP'N shall allow the CITY, as an offset against the amount, the
net proceeds of any insurance collected by RAIL HOP'N for or on account of such
loss, cost, damage, liability, or expense.Neither party shall make any claim or seek
to recover from the other party losses, or damage to its property, or the property of
others, resulting from an incident or event: covered by insurance.
11. Indemnification. RAIL HOP'N shall defend, indemnify, and hold harmless the
CITY, its officers,officials, employees and volunteers from and against any and all
claims, suits, actions, or liabilities for injury or death of any person, or for loss or
damage to property, which arises out of RAIL HOP'N's use of Lot, or from the
conduct of RAIL HOP'N's business, or from any activity, work or thing done,
permitted,or suffered by RAIL HOP'N in or about the Lot, except only such injury
or damage as shall have been occasioned by the sole negligence of the CITY. It is
further specifically and expressly understood that the indemnification provided
herein constitutes RAIL HOP'N's waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated and agreed to by RAIL HOP'N and the CITY. The provisions
of this section shall survive the expiration or termination of this License.
CITY of Auburn/Rail Hop'n Brewing Co.,-Grand Opening
May 30,2024 Page 3 of 6
Docusign Envelope ID:CE29FAF7-1B8F-4EDE-A98B-7DDCE2FB8668
12. Enforceability: Execution. This Agreement has been duly authorized, executed and
delivered by the parties and is a valid and binding obligation on each, enforceable in
accordance with its terms. In addition to all other available remedies for a breach of the
terms and conditions of this License, the CITY may without liability immediately
terminate this License without regard to the dates listed in Section 2.
13. General.
a. Compliance with Laws. Each party hereto agrees that they shall fully comply
with the provisions of all applicable federal, state and local laws, rules and
regulations in the performance of this Agreement.
b. Assignment. This Agreement and the rights and obligations of the parties hereto
may not be conveyed, assigned or transferred to any other person without the
prior written consent of the non-assigning party.
c. Entire Understanding. The terms set forth in this Agreement are intended by
the parties as a final, complete and exclusive expression of the terms of their
agreement and may not be contradicted,explained or supplemented by evidence
of any prior agreement, any Luiiktinpuiaiieous oral agreement or any
inconsistent additional terms.
14. Amendment. The parties to this Agreement may amend, modify or supplement this
Agreement at any time,provided that such amendment,modification or supplement is
in writing,duly executed by both parties hereto.
15. Notices. All notices hereunder shall be in writing and shall be deemed to have been
given or made when delivered,emailed or mailed,first class,registered or certified mail,
postage prepaid, addressed as follows, until notice of another address shall have been
�eLcivcd by the other party.
CITY RAIL HOP'N
Josh Arndt Kristi Newman
25 West Main 131 E Main Street
Auburn,WA 98001 Auburn,WA 98002
253.261.1235 253.951.6911
Jarndt@Auburnwa.gov RailHopn@gmail.com
16. Applicable Law, This Agreement, including all matters of construction, validity and
performance,shall be governed and construed and enforced in accoidrxiiuc with the laws
of the State of Washington, as applied to contracts executed and to be fully performed
in Washington by citizens of Washington and without reference to principles of
conflicts of law.Venue of any action arising out of this Agreement shall be had first in
the Superior Court of the State of Washington for King County.
CITY of Auburn/Rail Hop'n Brewing Co.,-Grand Opening
May 30,2024 Page 4 of 6
Docusign Envelope ID:CE29FAF7-1B8F-4EDE-A98B-7DDCE2FB8668
17. Waivers. Except as otherwise provided herein, any terms, covenants, representations,
warranties or agreements of any party hereto may be waived at any time by an
instrument in writing executed by the party for whose benefit such terms exist. The
failure of any party of any time or times to require performance of any provisions hereof
shall in no manner affect its right at a later time to enforce the same. No waiver by any
party of any condition or of any breach of any terms, covenants, representations,
warranties or agreements contained in this Agreement shall be effective unless in
writing,and no waiver of any such condition or breach in other instances or a waiver of
any other condition or any breach of any other terms, covenants, representations,
warranties or agreements.
18. Severability. If, for any reason,any provision of this Agreement are held invalid, such
invalidity shall not affect any other provision of this Agreement not held so invalid,and
each such other provision shall to the full extent be consistent with law continue in full
force and effect. If any provision of this Agreement shall be held invalid in part, such
invalidity shall in no way affect the rest of such provision not held so invalid, and the
rest of such provision,together with all other provisions of this Agreement, shall to the
full extent consistent with law continue in full force and effect.
19. Attorneys' Fees. In the event of a suit by any party to enforce or to settle any dispute
arising out of any provision of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees and costs in connection with such suit or arbitration,
irrespective of whether such matter finally proceeds to judgment or award.
20. Counterparts. This Agreement may be executed simultaneously in any number of
counterparts,each of which shall be deemed an original,but all of which together shall
constitute one and the same instrument.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
LISENSOR: LICENSEE:
City of Auburn Rail Hop'n Brewing Co..
DocuSigned by: DocuSigned by:
z?a...t,,..
E51 Eb 1bb b UUb hb4Ey/4uA.
Doug ut , cting City Attorney Kristi ewman, Owner:
7/14/2024 7/8/2024
Date Date
CITY of Auburn/Rail Hop'n Brewing Co.,-Grand Opening
May 30,2024 Page 5 of 6
Docusign Envelope ID:CE29FAF7-1B8F-4EDE-A98B-7DDCE2FB8668
EXHIBIT A
Site Plan
1
Alley- Not Part ', `►
_ a * '�
i
i
■ t
;r . Corn 1
• � Hole ' •r ' A
All Ages
• I, Al. ,,i .: ': �f
4 til I/ •
PM
1 iI�
` 301
Beer Garden �` 1'
• 21+
+ti I /,.
r
r '
4 /
ipilie
CITY of Auburn/Rail Hop'n Brewing Co., -Grand Opening
May 30,2024 Page 6 of 6