HomeMy WebLinkAboutYakima Valley Canal Company - Carriage Hill Improvement Project •
AGREEMENT FOR
CARRIAGE HILL
IMPROVEMENT PROJECT
THIS AGREEMENT made and entered into this day of CL(.
2011, by and between YAKIMA VALLEY CANAL a co oratio( (herein
Y COMM, � rP
"Canal Company "), and the CITY OF YAKIMA, (hereinafter referred to as "City of
Yakima ").
I. Background
1.1 Canal Company owns and operates an irrigation canal to transport water
for irrigating land of its various water users, and owns right -of -way on
each side of said canal which is used in connection therewith.
1.2 City of Yakima is undertaking a project generally known as the Carriage
Hills Pump Station Decommissioning and Gravity Outfall Sewer
Extension as specifically set forth in the Revised Drawings dated May 2,
2011 and prepared by PLSA of Yakima, Washington for the City of
Yakima, Wastewater Division, (hereinafter referred to as "Plans ") and
requests authority to cross the Yakima Valley Canal in the NE1 /4, SW1 /4,
of Section 15, Township 13 North, Range 18 East, W.M., and in
connection therewith is willing to assume expenses and liabilities, and
provide indemnities against expenses, damages, and losses, and provide
additional assurances as to the timely completion of all work to be done by
it as hereinafter provided.
1.3 The Canal Company is willing to grant authority to City of Yakima to
cross the Canal Company right -of -way consistent with the Plans, upon the
terms and conditions provided in this Agreement.
NOW, THEREFORE, in consideration of the premises, it is agreed as
follows:
II. Terms and Conditions
2.1 Said Canal Company right -of -way is located as shown by Plans, and by
this reference incorporated herein.
2.2 City of Yakima shall, at its sole cost and expense, conduct the work
consistent with the Plans in a good and workmanlike manner, under the
inspection and subject to the approval of the superintendent of the Canal
Company. City of Yakima shall fully complete all work to be done under
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this Agreement in a condition to permit the continued delivery of water to
Canal Company's shareholders. Said work shall commence after October
21, 2011, and be completed by March 1, 2011.
2.3 City of Yakima shall perform all work to be done under this Agreement in
such a manner so as not to cause loss or damage to the Canal Company, its
water users or third person, or interfere with its operations. As used in this
Agreement, the terms "interfere with its operations" or "interfering with
its operations," means the interference with or interruption of the flow of
water in the canal or of the immediate and continuous delivery of water to
Canal Company's water users.
2.4 It is acknowledged that the timely completion of the work to be done by
the City of Yakima under this Agreement is required so that Canal
Company can continue to make water available to its various water users
for spraying, irrigation and other purposes, and that it is within the
contemplation of these parties that substantial damages may be suffered by
Canal Company and its water users for crop losses and otherwise if water
is unavailable because of the failure of City of Yakima to complete its
work by the time and in the manner required by this Agreement.
Accordingly, the duties of City of Yakima under this Agreement shall run
to and be enforceable by Canal Company and its water users, or any of
them. For purposes of this Agreement, the water users shall be third party
beneficiaries of the undertaking by City of Yakima herein with all of the
rights and powers incident to that status.
2.5 Prior to construction of the facility reference above, City of Yakima shall
give advance notice of intention to perform such work to the
superintendent of the Canal Company and provide such superintendent
with sufficient information as to the details thereof, and an opportunity to
be present when such construction is performed.
2.6 City of Yakima shall reimburse the Canal Company for any of the latter's
costs and expenses involved in any repairs or reconstructing the aforesaid
irrigation delivery facilities, to the extent such repairs or reconstruction are
necessitated by the work conducted by the City of Yakima pursuant to this
Agreement.
2.7 City of Yakima shall be responsible for obtaining any permissions,
licenses, or easements from any other underlying or adjacent landowners.
Canal Company makes no warranties, representations, or promises, that
this Agreement in any way provides authority for the crossing or access of
any underlying or adjacent landowners.
2.8 City of Yakima shall defend, indemnify and save the Canal Company
harmless from any and all liability for expenses, losses, or damages, which
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may result from the construction and operation of said structures. City of
Yakima, in addition, shall defend, indemnify and save the Canal Company
harmless from any and all liability, expense, deferences, obligations, costs
or expenses, loss or damages in any way arising out of or incident to the
work done or changes made by the City of Yakima pursuant to this
Agreement, or from a breach of any duty of City of Yakima set forth
herein, including, without limitation, reasonable attorney's fees
(collectively, "Losses ").
2.9 In the event any legal action is brought to enforce any of the terms of this
Agreement, the prevailing party shall be entitled to recover from the other
party reasonable attorney's fees as determined by the court, in addition to
the costs allowed by law. The venue for any action brought upon this
Agreement shall be in Yakima County, Washington.
2.10 If City of Yakima should fail to perform any duty required to be
performed under this Agreement, the Canal Company may, at its option,
perform said duty. In such event, the party from whom the duty was owed
shall promptly reimburse the Canal Company for all expenses it incurred
in performing the duty.
2.11 This crossing Agreement shall be modified at the sole expense of City of
Yakima to the extent required by Canal Company to provide for the
efficient operation of its canal and water distribution system to be
continued in the same manner as existed prior to the work performed by
the City of Yakima.
2.12 City of Yakima shall pay to the Canal Company an administrative fee, in
the amount of Eight Hundred Dollars ($800.00), for purposes of drafting,
negotiating, executing and recording this Agreement.
2.13 The above promises, conditions, limitations, restrictions and covenants
shall be binding upon City of Yakima, its successors and assigns, and shall
run with the land.
YAKIMA VALLEY CANAL COMPANY, CITY OF YAKIMA
A C• 0 oration
/ 1 41404 e...9.700-126.4,fa Cp PG)
Gene R. Woodin, Jr., President Michael Morales, City Manager
Attest:
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STATE OF WASHINGTON )
)ss.
County of Yakima )
On this day of,1 j /,6 %J 6 / , 2011 before me , the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared GENE R. WOODIN, JR., to me known to be the President of YAKIMA VALLEY
CANAL COMPANY, the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute
the same instrument on behalf of the corporation.
Witness my hand and official seal thereto affixed he day and year- 'rst above written.
0 .a �ti \ ..dd . I�� NOTARY PUBLI i and for the State of Washington,
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STATE OF WASHINGTON )
)ss.
County of Yakima )
On this Q day of Lf , 2011 before me , the undersigned, a n ,
Notary Public in and for the State of W 'n 3
ton, duly a
g Y commissioned and sworn, personally ''r1
appeared , to me known to be the City Manager of the City of Yakima, A09
Washington, a municipal corporation, that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the same instrument on behalf of the corporation.
Witness my hand and official seal thereto affixed the day and year first above written.
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y e 4 N o 1,:,•. '. N OTARY P ' K and ; C n for the State of Washington,
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