HomeMy WebLinkAboutR-2005-180 Yakima Greenway Foundation Revokable Lincense AgreementA RESOLUTION
RESOLUTION NO. R-2005- 180
authorizing the execution of a Revocable License Agreement for the
construction of a permanent structure on the Sarg Hubbard Park
area of the Yakima Greenway.
WHEREAS, the City of Yakima owns the real property known as Sarg Hubbard
Park, located on the Yakima Greenway and under the control of Yakima County by the
terms of a prior Agreement identified as City Contract No. 83-48, dated September 6,
1983; and
WHEREAS, by the terms of said City Contract No. 83-48 Yakima County entered
an agreement with the Yakima Greenway Foundation to operate and maintain Sarg
Hubbard Park when said park was ultimately developed; and
WHEREAS, the original agreements between the parties to said City Contract No.
83-48 concerned a plan of development that did not include a dry storage building to serve
the needs of the Greenway Foundation and The Greenway Foundation now desires to
construct a dry storage building on the real property known as Sarg Hubbard Park; and
WHEREAS, because the desired dry storage budding was not part of the original
Park development agreement between the parties, the Greenway Foundation now needs a
license for the construction of a budding on the City's real property known as Sarg Hubbard
Park; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to grant such license, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute the
attached and incorporated Revocable License Agreement with the Yakima Greenway
Foundation.
ADOPTED BY THE CITY COUNCIL this 15th day of November , 2005
ATTEST: Paul P. George,Mayor
City Clerk
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REVOCABLE LICENSE AGREEMENT
PARTIES: Greenway: Yakima Greenway Foundation
SUBJECT
PROPERTY:
RECITALS:
City: City of Yakima, Washington, a municipal corporation
That portion of the Yakima Greenway path known as Sarg
Hubbard Park, legally identified as.
The East half of the Southwest Quarter of the Northeast Quarter;
AND the North 620 feet of the Northwest Quarter of the Southwest
Quarter of the Northeast Quarter Except the South 104.35 feet of
the North 304.85 feet of the East 208.7 feet of the West 233.7 feet
thereof; ALL BEING IN Section 20, Township 13 North, Range 19
E.W.M., Situate in County of Yakima, State of Washington.
City owns fee interest in the above-described real property, formally known as Sarg
Hubbard Park. City previously agreed, by instrument dated September 6, 1983 and
identified as City Contract No. 83-48, to grant Yakima County the perpetual right to
occupy, improve and use for public park purposes said real property.
Greenway entered an agreement dated September 6, 1983 with Yakima County (City
Contract No. 83-48) whereby Greenway agreed to operate and maintain said property
identified above as Sarg Hubbard Park as a public park for as long as the County uses
the City property as a park within the Yakima River Regional Greenway project.
Greenway wishes to construct an approximately thirty two hundred square foot dry
storage building on the southwest corner of the real property identified above, to be used
for storage of maintenance material and equipment necessary for the upkeep of the
Greenway project. Said structure was not considered or included in the original contract
entered between the City and the County, or the County and the Greenway.
AGREEMENT:
For and in consideration of the mutual promises and covenants contained herein, the
City hereby grants to Greenway a revocable license to construct one thirty two hundred
square foot dry storage building on the southwest section of the real property described
herein above and known as Sarg Hubbard Park, for storage, protection and preservation
of equipment and materials utilized for maintenance, upkeep and operation of the
Yakima Greenway project. The revocable license is subject to the following terms and
conditions:
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1 Term: This revocable license is granted in conformity with the terms of
that certain agreement between the City, Yakima County and Greenway dated
September 6, 1983 and identified as City Contract No. 83-48, permitting perpetual use of
the park property and buildings constructed thereon and subject to all the terms and
conditions stated in said agreement. During the term of this revocable license as set
forth in the underlying agreement identified as City Contract No. 83-48, City may
terminate this license only for a public purpose by giving 90 days written notice to
Greenway.
2. No Payment Required: This revocable license is granted to Greenway as
an accommodation with no monetary consideration. Greenway's use of the property to
support recreational use of the Greenway project is deemed a public recreational use by
the City.
3. City Title: Greenway acknowledges the City's legal ownership and fee
title to said real property described herein and known as Sarg Hubbard Park. Greenway
expressly agrees to never deny City's right in ownership of said real property or to claim
title in Greenway's name. Greenway further agrees that it does not and shall not at any
time claim any interest or estate of any kind or extent whatsoever in the real property
upon which Greenway constructs the dry storage building that is the subject of this
revocable license, by virtue of the rights granted under this license agreement,
Greenway's occupancy or use under this agreement, or any other basis.
4. Greenway's Improvements on Park Property: Greenway or its contractor,
at its sole cost and expense, intends to construct a thirty two hundred square foot dry
storage building in accordance with plans and specifications approved by the City.
Greenway agrees to pay for all improvements incidental or necessary to construct said
building, as well as any maintenance and repairs that may from time to time become
necessary. Greenway acknowledges that legal title and ownership of any improvements
and/or permanent structures erected upon City's real property shall vest and remain in
the real property.
5. Indemnification: Greenway shall protect, defend, indemnify and hold the
City, and its elected and appointed officials, employees and agents, harmless from and
against any and all claims, demands, losses, damages, liens, liabilities, penalties, fines,
lawsuits, and other proceedings, and any costs and expenses associated with the same
(including attorney's fees and disbursements, whether in litigation or not), which accrue
to or are incurred by the City, or its elected or appointed officials, employees or agents,
and which arise directly or indirectly from or out of, relate to, or in any way are connected
with personal injuries or property damage occurring because of the use, operation, or
maintenance of the real property covered by this license agreement (to wit: the real
property and associated building erected thereon which is subject to this license
agreement) and any litigation, legal challenge or determination pertaining to the validity
of this agreement. The provisions of this paragraph shall survive the termination of this
agreement for any reason.
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6. Parties Bound: Subject to the right of revocation as herein set forth, this
agreement shall inure to the benefit of and be binding upon the parties hereto, their
heirs, successors and assigns.
7. Integration: This writing constitutes the entire agreement of the parties
and its execution is authorized by their respective governing bodies.
8. Notices: All notices required or permitted hereunder shall be in writing
and shall be deemed to be delivered three (3) days after having been deposited in the
United States mail, postage prepaid, certified mail, return receipt requested, addressed
to the parties at the respective addresses set forth below or at such other addresses as
may have been theretofore specified by written notice delivered in accordance herewith:
If to the City: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attention: Richard A. Zais, Jr.
City Manager
If to Greenway:
Yakima Greenway Foundation
Attn: Executive Director
111 South 18`h Street
Yakima, WA 98901
9. Entire Agreement: This agreement shall constitute the entire agreement
between the parties and any prior understanding or representation of any kind preceding
the date of this agreement shall not be binding upon either party except to the extent
incorporated in this agreement. Any modification of this agreement or additional
obligation assumed by any party in connection with this agreement shall be binding only
if evidenced in writing signed by each party or an authorized representative of each
party.
10. Assignment or Sublicense: Greenway shall not assign or transfer this
license, nor grant a sublicense for any purpose, without the express, prior and written
consent of City.
11. Severability: If any portion of this agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the agreement shall remain in
full force and effect.
12. Governing Law: This agreement shall be governed in all respects by the
laws of the State of Washington.
13. Venue: In the event there should be any litigation arising out of this
agreement, venue shall lie in Yakima County, Washington.
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14. Capacity, Due Authorization: Greenway affirms and warrants that the
individual whose signature appears below on its behalf has the full power, capacity, and
legal right to execute this Agreement and that this Agreement has been duly authorized
and executed and that it shall constitute the legal, valid and binding obligation of HGI,
enforceable in accordance with its terms.
DATED this /711' day of November, 2005.
CITY OF YAKIMA, WASHINGTON
By:
R.A. Zais'', Jr.
City Manager
ATTEST:
/[/1.7 E ,477/v&
City Contract No. 0240,0S -/o2-,
City Resolution No. iQ--Z& -/SD
YAKIMA GREENWAY FOUNDATION
By t
Al Brown
Executive Director
ATTEST:
Clerk of the Board
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CITY OF YAKIMA, WASHINGTON
Information Services - GIS
FILE NO: EC#33-05 & CAO#5-05
APPLICANT: YAKIMA GREENWAY FOUNDATION
REQUEST: CONSTRUCT A 3200 SQ FT MAINTENANCE
BUILDING WITHIN A CRITICAL AREA
LOCATION: 111 S. 18TH STREET
M
Scale —lin =400ft
0 200 400
Al Subject Property
Yakima City Limits
EC32-05 09/20/05
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. -D"
For Meeting Of November 15, 2005
ITEM TITLE: A resolution authorizing execution of a Revocable License Agreement with the
Yakima Greenway Foundation permitting construction of a dry storage building on the Sarg
Hubbard Park property.
SUBMITTED BY: Jeff Cutter, Assistant City Attorney
CONTACT PERSONRELEPHONE: Jeff Cutter, 575-6030
SUMMARY EXPLANATION: Submitted for Council passage is a Resolution authorizing the
execution of a Revocable License Agreement with the Yakima Greenway Foundation for the
construction of a permanent dry storage building on the southwest section of Sarg Hubbard
Park. The proposed building has not been considered or authorized by prior agreements with
the Yakima Greenway Foundation.
The attached and incorporated Revocable License Agreement memorializes the understanding
of the parties by which the Yakima Greenway Foundation would construct a dry storage building
on the City's real property known as Sarg Hubbard Park. The Greenway Foundation's
authorized representative has reviewed the attached Agreement and approves its content. This
Agreement should have no fiscal impact upon the City of Yakima.
Resolution X Ordinance Agreement X Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: �� 5 -
ity Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-180
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