HomeMy WebLinkAboutBorishkevich, Nikolay
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PARKING RELEASE AND HOLD HARMLESS AGREEMENT
This License Agreement ("Agreement"), dated 10i 0 , is by and between The City
of Auburn, a Washington municipal corporation ("City"), and Nikolay Borishkevich ("Licensee").
The City owns a parking lot located at 11 "A" Street NW in Auburn, Washington (the
"Property") and the Licensee wants to use the Property for the purpose of parking 1 (one) vehicle
witha valid Washington State disabled placards.
Licensee shall place City of Auburn parking permit in the lower left hand corner of the rear
window. Licensee shall provide to the City proof of valid Washington State disabled placard and
minimum insurance as required by Washington State. Licensee shall notify The City of any
changes in vehicle or license plate numbers.
The City hereby grants to Licensee the non-exclusive right to enter upon the Property for the
purpose set forth above.
The term of this Agreement shall begin on October 1, 2010 (the Commencement Date"), shall be
month to month and can be terminated by either party upon 30-day written notification. In the
event Licensee shall utilize the Property for any other purpose or perform any other activity on the
Property which is not authorized by this Agreement, or otherwise breach any covenant hereof, this
Agreement and all Licensee's rights hereunder shall be terminated immediately.
Licensee shall not allow any waste, damage, or destruction to occur on the Property and upon
termination or expiration of this Agreement, Licensee at its sole cost and expense, shall restore the
Property to its original'condition. Without limiting the foregoing, Licensee specifically agrees not
to allow any toxic, hazardous or petroleum products to be discharged or deposited onto the
Property in connection with Licensee's activities hereunder.
Licensee assumes all risks and liabilities arising out of Licensee's use of the Property or use of the
~Property by Licensee's employees, agents, representatives, guests or invitees.
Licensee covenants and agrees that the City shall not at any time or to any extent whatsoever be
liable, responsible or held accountable for: a any Personal injury (including death) to any Person,
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including Licensee's employees, agents, representatives, guests or invitees which in any way arises
out of Licensee's activities hereunder or activities of. Licensee's employees, agents; representatives,
guests or invitees hereunder or use or occupation of the Property by Licensee, or Licensee's
i' employees, agents, representatives, guests.or invitees; (b) property damage including property of
Licensee or Licensee's employees, agents, representatives, guests or invitees which in any way
arises out of Licensee's activities hereunder or activities of Licensee's employees, agents,
representatives, guests or invitees hereunder or use or occupation of the Property by Licensee, or
l - Licensee's employees, agents, representatives, guests or invitees; (c) any costs associated with
Licensee's activities under this Agreement; and (d) the presence of or discharge or emission of
!i toxic or hazardous materials or substances.
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Licensee agrees to indemnify and hold the City harmless and, at the City's option, defend the City,
its officers, agents, employees, successors and assigns from and against any and all suits, actions,
legal proceedings, claims, demands, and expenses (including attorneys' fees and expenses) of
whatever kind or character relating to Licensee's use of the Property, including, but not limited to:
(a) personal injury (including death) to any person, including Licensee's employees, agents,
representatives, guests or invitees; (b) property damage,.or activities of Licensee's employees,
agents, representatives, guests or invitees or the use of the Property by Licensee or by Licensee's
employees, agents, representatives, guests or invitees; (c) claims of lien from Licensee's
employees, agents, representatives, or (sub)contractors; or (d) the presence of hazardous, toxic or
petroleum products on the Property; except for injuries and damages caused by the sole negligence
of the City.
Licensee understands and agrees that the City of Auburn is only making available the Property and will
not be supplying any equipment or services. Licensee will be fully responsible for removing of all
equipment or other property.
By signing below, Licensee acknowledges that it has read and understands this Agreement and Release.
In witness whereof, Licensee, acting by and through its duly authorized officer, has set its hand to this
r Release this 12 day of ,2 .2010.
For User
By:
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