HomeMy WebLinkAboutR-2006-160 Fred Meyer Stores, Inc., Bus Shelter License AgreementRESOLUTION NO. R-2006-160
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Bus
Shelter License Agreement with Fred Meyer Stores, Inc. regarding
construction of a new bus shelter adjacent to the Fred Meyer Store on 40
Avenue.
WHEREAS, the staff of Yakima Transit periodically reviews high passenger usage
locations along its fixed bus routes, and
WHEREAS, Yakima Transit budgets annually to improve these designated stops to
facilitate passenger comfort and safety, and
WHEREAS, the bus stop location adjacent to the Fred Meyer store property on N. 40th
Ave. was determined by transit staff as needing improvements for the comfort and safety of
transit passengers, and
WHEREAS, the Fred Meyer managers agreed that all the passengers utilizing this bus
stop location were either their employees or customers and desired to partner with the City of
Yakima Transit Division to share in the replacement cost of a bus shelter for this location, and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima,
Transit Division, to authorize the attached agreement with the Fred Meyer Corporation to share
in the cost of constructing a bus shelter adjacent at the existing transit bus stop to increase the
comfort and safety of bus passengers, now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated "Bus Shelter License Agreement" with Fred Meyer Stores, Inc.
regarding construction of a new bus shelter at the store located on N. 40th Avenue.
ADOPTED BY THE CITY COUNCIL this 7th day of November, 2006.
avid Edler, Mayor
City Cle
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: INTERLOCAL AGREEMENT
Contract No. 2006-94 (With Exhibits)
Resolution No. R-2006-160
Party No. 1: Fred Meyer Stores, Inc.
Party No. 2: City of Yakima
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BUS SHELTER LICENSE AGREEMENT
This Bus Shelter License Agreement ("Agreement") is between Fred Meyer Stores, Inc.,
an Ohio corporation ("Licensor") and the City of Yakima, a Washington municipal
corporation ("Licensee").
1. License. Licensor leases certain real property in which it operates a Fred
Meyer general merchandise/grocery store located in the City of Yakima, situated in the
County of Yakima, State of Washington, legally described on Exhibit A attached hereto
and by this reference incorporated herein ("Property"). Licensor grants to Licensee a
revocable license ("License"), subject to all encumbrances, liens, interests and claims of
record and the claims and rights of all prior persons and occupants of the affected property,
on and across the portion of the Property described or designated on Exhibit B attached
hereto and by this reference incorporated herein ("License Area") for the purpose of
construction, maintenance, and operation of a Bus Passenger Shelter and related
improvements (including any necessary concrete pad, foundation, or related work)
("Shelter").
2. Term. The term of this Agreement shall be for one (1) year commencing on
October 20, 2006 and provided that Licensee is not then in default under this Agreement
shall automatically renew for successive one (1) year periods unless terminated as provided
herein.
3. Use. Licensee shall use the License Area solely for the purposes outlined above.
All expenses for the construction, maintenance and operation of the Shelter shall be paid
by Licensee except that Licensor shall reimburse Licensee the cost to construct the
concrete pad (not to exceed $3,000.00) within 30 days after receipt of an invoice. Prior to
commencement of construction of the Shelter, Licensee shall submit its plans and
specifications for the Shelter to Licensor for review and approval. At the termination of
this Agreement, Licensee, at its sole cost and expense, shall remove any debris which
Licensee brought into the License Area and shall otherwise restore the License Area to the
same condition as at the start of this Agreement except that Licensee shall have no
obligation to remove the concrete pad.
4. Maintenance. Licensee shall maintain the Shelter in proper working condition at
all times including, without limitation, removal of garbage and cleaning of the Shelter.
Licensee shall conduct its activities on the License Area so as to avoid, to the extent
reasonably possible, interference with utilities, subsurface improvements or installations,
and access to the Property and the Fred Meyer store. Licensee shall keep the License Area
and Licensor's property free from any liens arising from work caused or done by Licensee,
its employees, agents or independent contractors.
5. Indemnity. To the fullest extent not prohibited by law, Licensee shall protect,
reimburse, defend, indemnify and hold Licensor harmless for, from and against any and all
claims, demands, losses, damages, expenses and liabilities, including personal injury and
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for any damage to or loss or destruction of property, suffered by Licensor, its tenants,
employees and invitees, or the owner the Property arising out of or resulting from
Licensee's use of the License Area; provided, however, that Licensor shall not be entitled
to such indemnification for damage caused to Licensor or any third party by reason of the
sole negligence or misconduct of Licensor or damage caused by the concurrent negligence
of Licensor to the extent of such concurrent negligence.
6. Termination. This Agreement may be terminated by either party for any reason with
sixty (60) days prior written notice to the other party. In addition to the termination rights in
the prior sentence, if Licensee is in default of any terms or conditions of this Agreement,
Licensor may terminate this Agreement with thirty (30) days prior written notice if Licensee
fails to remedy such default within the notice period.
7. Non -exclusivity. The License granted hereby shall be non-exclusive and Licensor
reserves the right to grant other easement or license rights in and to the License Area;
provided that such easement rights shall not substantially interfere with the rights granted
herein.
8. Nature of Rights. Licensor and Licensee agree that the only right granted
Licensee under this Agreement is a revocable license, and under no circumstances may this
ever be construed to be the grant of an easement or other interest in real property. On
termination of this License, Licensee shall not enter the License Area for any reason
thereafter without Licensor's written consent.
9. Permits. Licensee will be responsible for obtaining any and all permits or
approvals that may be necessary for Licensee's activities on the License Area.
10. Assumption of Risk. Licensee accepts the License Area AS IS, WHERE IS, with
all faults, and assumes all risk of injury to Licensee and to any persons, goods, materials or
other property entering onto the License Area. Licensor has no duty whatsoever to
maintain the License Area.
11. Non -assignability. The License granted Licensee under this Agreement is
personal to Licensee and does not run with the License Area, and may not be assigned or
otherwise transferred by Licensee. This Agreement shall not be recorded.
12. Compliance with Laws. Licensee shall conduct its activities on the License
Area in compliance with all applicable federal, state, and local laws, regulations, orders
and rules.
13. Notices. Notices under this Agreement shall be in writing, effective when
delivered, or if mailed, effective on the third day after mailed postage prepaid to the
address for the other party stated below, or to such other address as either party may
specify by notice to the other.
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To Licensee:
City of Yakima
Attn: Public Works Director
2301 Fruitvale Blvd.
Yakima, WA 98902
Phone: 509.575.6175
Fax: 509.575.6238
To Licensor:
Fred Meyer Stores, Inc.
Attn: Director Real Estate Department
3800 SE 22nd Avenue
Portland, OR 97202
Phone: 503.232.8844
Fax: 503.797.3539
14. Miscellaneous Provisions. Neither party hereto shall be deemed an agent, partner,
joint venturer, or related entity of the other by reason of this Agreement. This Agreement
shall be governed by the laws of the State of Washington. Time is of the essence of this
Agreement. Any provision of this Agreement that is deemed invalid or unenforceable
shall be ineffective to the extent of such unenforceability, without rendering invalid or
unenforceable the remaining provisions of this Agreement. This Agreement may not be
amended except in writing executed by the parties. No provision of this Agreement shall
be deemed to have been waived unless such waiver is in writing signed by the waiving
party. If any suit or action arising out of or related to this Agreement is brought by any
party, the prevailing party or parties shall be entitled to recover the costs and fees
(including, without limitation, reasonable attorneys' fees and all costs of discovery)
incurred by such party or parties in such suit or action, including, without limitation any
post -trial or appellate proceeding, or in the collection or enforcement or any judgment or
award entered or made in such suit or action.
15. No Third Party Rights. This Agreement is entered into for the sole benefit of the
Licensor and the Licensee. It shall confer no benefits or rights, direct or indirect, on any
third persons, including Licensor's invitees, tenants, employees, except for the owner of the
Property.
Dated: 11 1 Z , 2006
LICENSOR: FRED MEYER STORES, INC.,
an O'• orporation
By:
Title:
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LICENSEE: CITY OF YAKCIMA,
a Washington municip. corporation
By:
R. A. Za
Title: city Manager
CITY CONTRAC r NO:
RESOLUTION NO:
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YAKIMA CITY CLERK ,AGR $36,00 Yakima
EXHIBIT A
Description of Property
LOT 1 OF SHORT PLAT 93-33 AS RECORDED UNDER AUDITOR'S FILE NO.
2999061. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON.
PARCEL NO. 181315-21412 LEVY CODE 335
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South
Driveway
Fred Meyer Store
5'x20'
[Prop Shelter
Parking Lot
F
M
sign
control valve boxes
B/S
Tele Dox pwr pole x
bus bench
bus bench
7' sidewalk
40th Ave
Remove current bus benches and place a 5' x 20' shelter with benches and garbage can south of Fred Meyer sign
North
Driveway
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: November 7, 2006
Consideration of a resolution authorizing execution of a Bus Shelter
License Agreement with Fred Meyer Stores, Inc. regarding
construction of a new bus shelter.
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ken Mehin, Transit Manager
CONTACT PERSON/TELEPHONE: Ken Mehin /576-6415
Wayne Parsley/5 5-6463
SUMMARY EXPLANATION:
Submitted for Council consideration is an agreement granting the City a license to construct a
bus shelter on property adjacent to the Fred Meyer store on North 40th Avenue in Yakima.
The new bus stop will provide a concrete pad and shelter for bus passengers and will replace
a bench located at that location.
The City of Yakima Transit Division will provide the project oversight and the bus shelter
structure while Fred Meyer will pay for the concrete foundation on a reimbursement basis not
to exceed $3,000.00.
Resolution X Ordinance _ Other (Specify
Contract X Mail to (name and address):
Funding Source: Transit Capita enditures Budget
APPROVED FOR SUBMITTAL:
Phone:
City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION: The Council Transit Committee recommended
the approval of this Resolution at its September 20, 2006 meeting.
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-160