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HomeMy WebLinkAbout05/21/2013 12 Recreational Trail Development Agreement with Single Track Alliance of YakimaBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 5/21/2013 ITEM TITLE: Resolution authorizing execution of a Revocable License Agreement with Single Track Alliance of Yakima (STAY), a nonprofit corporation, for recreational trail development on City owned property SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager SUMMARY EXPLANATION: Attached for Council consideration is a resolution authorizing a Revocable License Agreement with the nonprofit corporation, Single Track Alliance of Yakima (STAY), for recreational trail development for a hiking and non - motorized mountain bike trail facility. The City was awarded grant funding to acquire property for recreational and educational trails. STAY has proposed to design, develop and construct a system of trails and related facilities on the city owned property, which was part of an old gravel pit located west of Summitview Road. This is part of the Trek Yakima concept which promotes active outdoor activities. The recreational trail facility would be open for use by the public and limited to hiking and riders using only non - motorized, human powered vehicles. Resolution: X Ordinance: Other (Specify): Revocable Licensing Agreement Contract: X Start Date: upon execution Item Budgeted: NA Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Contract Term: 5yr w/1 -5 yr renewal option End Date: 12 -31 -17 Amount: no monetary consideration STAY indemnifys & bears sole costs for development, construction & maintenance Improve the Built Environment Mail to: Single Track Alliance of Yakima (STAY), Attn: President; 901 S. 50th Ave, Yakima, WA 98908 Phone: y� � APPROVED FOR C|b/ 2O2g8[ SUBMITTAL: & ' _ �� � Parks and Recreation Commission discussed this request during its May 8, 2013 meeting and supports staff's recommendation for City Council adoption of Resolution authorizing and directing the City Manager of the City of Yakima to execute a Revocable License Agreement with Single Track Alliance of Yakima (STAY) a nonprofit corporation, for recreational trail development on City owned property. Name: Description: U Resolution L-1 LICENSE.STAY.Dee.27.2012.doc Revocable License Agreement RESOLUTION NO. R -2013- A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Revocable License Agreement with Single Track Alliance of Yakima (STAY) a nonprofit corporation, for recreational trail development on City owned property. WHEREAS, the City of Yakima (hereafter called "City ") is a municipal corporation duly formed and existing under the laws of the State of Washington with City Hall located at 129 North Second Street, Yakima, Washington 98901; and WHEREAS, a citizen survey was conducted in 2012 identifying walking and hiking opportunities as a highly valued activity and walkways, pathways and trails are what people want in Yakima; and WHEREAS, the City recognizes long -range efforts for recreational trail development are necessary and is willing to cooperatively promote and pursue recreational trail development; and WHEREAS, the City was recently awarded grant funds to acquire property for recreational and educational trails, including the extension of the William O. Douglas Trail; and WHEREAS, STAY (Single Track Alliance of Yakima) is a charitable organization duly formed as a nonprofit corporation under the laws of the State of Washington (501(c)(3) status pending; and WHEREAS, the purpose of the STAY organization is to promote, sponsor, develop and construct recreational and educational trails and facilities for use by non - motorized, human - powered vehicles and pedestrian hikers, proposing to design, develop and construct a system of such trails and related facilities within and upon City -owned property acquired with grant proceeds; and WHEREAS, it is in the best interest of the City of Yakima to execute the attached agreement, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is herby authorized and directed to execute the attached and incorporated "Revocable License Agreement." with Single Track Alliance of Yakima (STAY) a nonprofit corporation, for recreational trail development on City owned property. ADOPTED BY THE CITY COUNCIL this _day of May, 2013. Micah Cawley, Mayor ATTEST: Sonya Claar Tee, City Clerk REVOCABLE LICENSE AGREEMENT PARTIES: STAY: Single Track Alliance of Yakima, a nonprofit corporation City: City of Yakima, Washington, a municipal corporation SUBJECT PROPERTY: Two parcels of land situated westerly of Summitview Road, legally described as follows: Parcel A: That portion of the South Half of the Southeast Quarter of Section 10, Township 13 North, Range 17 E.W.M., lying westerly of the center line of vacated canal right -of -way, Situate in Yakima County, State of Washington. Yakima County Assessor's Parcel No. 171310 - 43003, consisting of 41.50 acres. Parcel B: The Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 10, Township 13 North, Range 17 E.W.M, Situate in Yakima County, State of Washington. Yakima County Assessor's Parcel No. 171310 - 34001, consisting of 39.16 acres. RECITALS: City owns fee interest in the above - described real property, consisting of approximately 80 acres of land in a natural upland desert environment. City was awarded grant funds to acquire such property to allow construction and maintenance of a system of recreational and educational trails, including the extension of trails created and maintained by the Cowiche Canyon Conservancy and the William O. Douglas Foundation. Such property is intended to facilitate such recreational and educational purposes as provided by qualified charitable organizations. STAY is a charitable organization duly formed as a nonprofit corporation under the laws of the State of Washington (501(c)(3) status pending). The purpose of the organization is to promote, sponsor, develop and construct recreational and educational trails and facilities for use by non - motorized, human - powered vehicles and pedestrian hikers. STAY has proposed to design, develop and construct a system of such trails and related facilities within and upon the above - described real property, which trails and facilities License - STAY Page -1 shall be open for use by the public, and limited to pedestrian use of trails for hiking, and riders using only non - motorized human - powered vehicles. The parties desire to enter into a License Agreement to accomplish these purposes. AGREEMENT: For and in consideration of the mutual promises and covenants contained herein, the City hereby grants to STAY a revocable license to develop and construct a recreational and educational trail system and related facilities upon and within the Subject Property, substantially conforming to the conceptual plans and drawing attached hereto as Exhibit "A" and incorporated herein by this reference. The revocable license is subject to the following terms and conditions: 1. Term — Termination — License Nonexclusive: This revocable license is granted for an initial term of five (5) years commencing January _, 2013 and continuing through December 31, 2017. This License may be renewed for a like term of five years upon written request of STAY delivered to City between October 1 and November 30, 2017, which renewal is subject to acceptance and approval by City. Notwithstanding the above, City shall have the right to terminate and revoke this license upon any reason deemed necessary or appropriate in the sole discretion of City. If termination or revocation is deemed necessary or appropriate, City shall provide written notice of such termination or revocation to STAY at least thirty (30) days in advance of the effective date of such termination or revocation. The License granted in this Agreement is nonexclusive, and City reserves the right to issue or grant licenses to other entities, governmental agencies and /or charitable organizations concerning use and development of the Subject Property for public purposes. City and STAY will cooperate to accommodate and such additional license while using reasonable efforts to preserve the trails and related facilities constructed and maintained by STAY upon the Subject Property. 2. No Payment Required: This revocable license is granted to STAY as an accommodation with no monetary consideration, but in consideration of STAY's development, construction and maintenance of the designated recreational and educational trail system. STAY's use of the property to support recreational use of the trailway project is deemed a public recreational use. 3. Use of Property — Signage — Rules and Regulations: The Subject Property and all improvements thereon shall be used for recreational and educational purposes, open to the public without fee or charge, and all trails and related facilities thereon shall be limited to use by non - motorized human - powered vehicles and pedestrians. Any incidental use of motorized vehicles shall be limited to trail construction, maintenance and inspection, and must first be approved by City. City will cooperate with STAY regarding design, wording and location of appropriate signage, information kiosks and other forms of communication providing directions, rules and procedures and other information deemed appropriate. City shall have the right to approve, deny or modify any such signage, supporting structures and location. City will License - STAY Page -2 use reasonable efforts to assist with costs associated with construction and placement of such signage, subject to available budgeted funds. Stay shall develop, publish and implement appropriate rules and regulations regarding use of the trail facilities, including a policy governing yielding right of way by facility users, prohibiting pets except on leash, and protection of natural vegetation and designated protected species. 4. City Title: STAY acknowledges the City's legal ownership and fee title to the Subject Property described herein. STAY expressly agrees to never deny City's right in ownership of said real property or to claim title in STAY's name. STAY 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 STAY constructs the trail system that is the subject of this revocable license, by virtue of the rights granted under this license agreement, STAY's occupancy or use under this agreement, or any other basis. 5. STAY's Improvements on the Subject Property — Ownership — Maintenance — Approval by City: STAY or its contractors, volunteers, and /or agents, at its sole cost and expense, will construct the recreational and educational trail system in accordance with plans and specifications approved by the City. STAY agrees to pay for all improvements incidental or necessary to construct said system and related facilities, as well as any maintenance and repairs that may from time to time become necessary. STAY 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. 6. Relationship of Parties — Use of Volunteers — No City Insurance — No Liability of City: The parties agree and understand that the relationship between the parties is that of Licensor - Licensee, and nothing in this License shall be construed to create any agency or relationship of employer - employee, or any relationship other than Licensor - Licensee. City understands that STAY will perform all work under this License by use of volunteers, which volunteers shall be subject to the direction and control of STAY, and shall be considered for al purposes to be volunteers of STAY and not of City. STAY expressly understands and agrees that City does not maintain insurance for STAY, its volunteers and any invitees or users within and upon the Subject Property. City shall not be liable for injury, harm or damage to members of STAY, its volunteers and invitees, nor any person using the trail facilities or upon the Subject Property. 7. Indemnification: STAY 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 trails and facilities erected or constructed thereon which is subject to this license agreement) and any litigation, legal challenge or determination License - STAY Page -3 pertaining to the validity of this agreement. The provisions of this paragraph shall survive the termination of this agreement for any reason. 8. 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. 9. Integration: This writing constitutes the entire agreement of the parties and its execution is authorized by their respective governing bodies. 10. 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 Public Works Department 2301 Fruitvale Boulevard Yakima, WA 98901 Attention: Parks and Recreation Manager If to STAY: Single Track Alliance of Yakima Attn: President 901 South 50th Avenue Yakima, WA 98908 (Or Successor) 11. 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. 12. Assignment or Sublicense: STAY shall not assign or transfer this license, nor grant a sublicense for any purpose, without the express, prior and written consent of City. 13. 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. 14. Governing Law: This agreement shall be governed in all respects by the laws of the State of Washington. 15. Venue: In the event there should be any litigation arising out of this agreement, venue shall lie in Yakima County, Washington. License - STAY Page -4 16. Capacity, Due Authorization: STAY 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 AND EFFECTIVE this day of May, 2013. CITY OF YAKIMA, WASHINGTON 0 Tony O'Rourke City Manager ATTEST: City Clerk City Contract No. City Resolution No. SINGLE TRACK ALLIANCE OF YAKIMA 0 Patrick Huwe President ATTEST: William Hollingberry Secretary License - STAY Page -5 Exhibit "A" License - STAY Page -6 STAY proposal for Yakima City properties joining the Rocky Top trail area The City of Yakima owns two 40 acre parcels of land which are directly connected to land that is currently being developed for a non-motorized trail recreation system. This system, known as Rocky Top, is being built by the Single Track Alliance of Yakima at the request of the private land owner. STAY is also working in conjunction with the William 0 Douglas Trail Foundation on this project. The proposal into build a multi-use pathway from the trailhead parking lot up to a main intersection of the trail system. This multi-use path will slowly climb across the city properties, giving users views of the valley and the countryside. It will be wide enough to accommodate two people walking side by side. Bicycles will be restricted to climbing the trail only. Horses will have access to climb and descend the trail. This path will be considered a section of the William 0 Douglas Trail and will be named as such. Please see attached photos and maps for a conceptual idea of what this trail will be. r." License - STAY Page -7 M SMR ha-heha HA ha! 3L. T nc, co;'ed Scroo ed" Berch r C, I D L per& 'Alt-c- ly Moscs ic k op a I read ge Harves ter ---' 2013 Gor-gle W 0 D. Rocky Top LOOP W.O.D. Propsed revision W6, Dot (2 1 c U r,�' Imagere Date: 9,.2,,-2011 46-37'41.88" 11 120: 41'48.75" 'v%f elev 1990 ft eye alt 13102 ft