HomeMy WebLinkAboutR-1997-036 Asst. City Attorney / Greenway Improvement of Sherman ParkRESOLUTION NO. R-97- 36
A RESOLUTION authorizing and directing the City Manager and City Clerk to
execute an Agreement with the Yakima Greenway Foundation for
the occupation, use and improvement of Sherman Park.
WHEREAS, by virtue of Agreements dated May 25, 1995 and designated as City
Contract No. 85-40 and as approved by City Council Resolution No. D-5123 dated May
21, 1985, the City of Yakima agreed to allow the Yakima Greenway Foundation to
occupy, improve and use the area known as Sherman Park and the natural area; and
WHEREAS, on May 23, 1991, those Agreements were terminated by City Contract
No. 91-37/D-5913; and
WHEREAS, the City and the Yakima Greenway Foundation desire to enter into a
new Agreement for the occupation, improvement and use of the area known as
Sherman Park, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed to
execute the attached and incorporated Agreement between the City of Yakima and the
Yakima Greenway Foundation.
ADOPTED BY THE CITY COUNCIL this 4th day of March , 1997.
ATTEST:
City Clerk
11.E
Mayor Pro -Tem John Puccinelli
AGREEMENT
This Agreement is entered into this 18th day of March ,
1997, by and between YAKIMA GREENWAY FOUNDATION, with its
principal place of business at 103 South Third Street, Yakima,
Washington 98901 (hereinafter referred to as "Greenway") and the CITY
OF YAKIMA, a municipal corporation, with its principal place of
business at 129 North Second Street, Yakima, Washington 98901
(hereinafter referred to as the "City").
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and agreements set forth herein, it is agreed by and between
the City and the Greenway as follows:
1. Grant of Authority to Occupy Sherman Park. The City
hereby grants to the Greenway the perpetual right to occupy, improve
and use for public park purposes the property commonly known as
Sherman Park and described as follows:
Parcel A
That part of Lots 1 and 12 of Goodwin's Five Acre Tracts,
according to the plat thereof recorded in Volume "A" of Plats,
page 18, records of Yakima County, Washington lying within
the parcel described as follows:
Beginning at a point 1643.7 feet East of the Southwest
corner of the Northwest quarter of the Northeast quarter of
Section 29, Township 13 North, Range 19, E.W.M., running
East 323.3 feet to the West bank of the Yakima River; thence
running along the West bank of said river downstream South
46°15' East 728 feet; thence running South 30° East 180.7
feet; thence running West 939.7 feet; thence running North
660 feet to the true point of beginning.
TOGETHER WITH that part of Lots 2 and 11 of Goodwin's
Five Acre tracts according to the plat thereof recorded in
Volume A of Plats, page 18, records of Yakima County,
Washington described as follows:
Beginning at a point on the east boundary of said Lot 2
south 0°01'10" east 37.06 feet from the northeast corner
thereof; thence south 84°52'00" west 78.04 feet; thence
south 5°03'30" east 615.06 feet to the south boundary of
said Lot 11; thence south 89°09'25" east 23.72 feet to the
southeast corner thereof; thence north 0°01'10" west 620.00
feet to the point of beginning.
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Parcel B
Lots 13 and 24 of Goodwin's Five Acre Tracts, according to
the plat thereof recorded in Volume "A" of Plats, page 18,
records of Yakima County, Washington;
EXCEPT right of way for SR 82;
EXCEPT right of way for SR 12;
EXCEPT that portion of Lots 13 and 24 described as follows:
Beginning at the Southeast corner of the Northeast quarter
of Section 29, Township 13 North, Range 19 E.W.M.; thence
North 89°14'10" West 230.02 feet along the South line
thereof; thence North 0°01'30" West 328.23 feet; thence
North 50°34'50" East 95.96 feet; thence North 0°01'30" West
266.20 feet to the North line of said Lot 13; thence South
89°09'25" East 155.86 feet along said North line to the
Northeast corner thereof; thence South 0°01'30" East 656.14
feet along the East line of said Lots 13 and 24 to the point of
beginning.
Parcel C
A strip of land 30 feet in width, 15 feet on either side of the
following described centerline:
Commencing at the East quarter corner of Section 29,
Township 13 North Range 19 East W.M.; thence North
59°58'40" West a distance of 294.90 feet to the point of
beginning of said strip of land; thence north 1°52'40" West a
distance of 234.9 feet; thence north 43°36'40" West a
distance of 261.96 feet; thence North 1°43'40" West a
distance of 123.09 feet; thence North 45°26'40" West a
distance of 79.41 feet; thence North 13°21'40" West a
distance of 153.85 feet; thence North 49°55'40" West a
distance of 199.30 feet; thence North 11°19'10" West a
distance of 185.10 feet; thence North 63°07'10" West a
distance of 132.40 feet; thence north 6°04'20" East a
distance of 122.50 feet; thence North 23°28'10" West a
distance of 126.90 feet; thence North 16°07'50" East a
distance of 46.20 feet; thence North 32°02'10" West a
distance of 107.40 feet; thence North 28°42'50" East a
distance of 71.04 feet; thence North 22°29'10" West a
distance of 237.90 feet; thence North 64°17'50" East a
distance of 82.70 feet; thence North 5°12'40" West distance
of 109.32 feet; thence North 26°38'10" West a distance of
54.94 feet to a point which is the end of said strip of land;
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AND
an area presently used as an observation deck adjoining the
above-described strip of land
For the purpose of locating the asphalt pathway and gravel berms, two
pathway bridges and the observation deck with certainty, City reserves
the right to survey the property in the future and to make this
description of Parcel "C" more definite and certain in accordance with
that survey.
2. Operations and Maintenance Duties. Greenway shall
undertake to operate and maintain said property as a public park which
development and maintenance of the park shall be accomplished and
performed without cost to the City. City reserves the right to, at its own
discretion, assist with maintenance and operations of Sherman Park.
3. Term of Agreement. The obligation to operate and
maintain the property by Greenway shall be in full force and effect so
long as the Greenway uses the property as a public park within the
Yakima Greenway.
4. Indemnity and Insurance. Greenway shall defend,
indemnify and hold harmless the City, its officers, employees and agents
from any and all claims, suits, judgments, or other liability whatsoever
based on, arising from, or in any way connected with its operation and
maintenance, occupation, improvement, use or any other activity of
Greenway related to the property which is the subject of this Agreement.
Prior to commencing operation, maintenance, occupation,
improvement or use of the property, Greenway shall obtain and file with
the City a policy or certificate of Comprehensive Public Liability
Insurance in the amount of one million dollars ($1,000,000.00) with the
City, its officers, employees and agents as insured parties. Which
insurance shall be kept in force by Greenway as long as it operates and
maintains the property which is the subject of this Agreement.
Said policy or Certificate of Comprehensive Public Liability
Insurance shall be presented to and filed with the Yakima City Clerk,
Yakima City Hall, 200 N. Second Street, Yakima, Washington 98901.
5. No Insurance. It is understood the City does not maintain
liability insurance for Greenway and/or its employees.
6. Taxes and Assessments. Greenway shall be solely
responsible for compensating its employees and for paying all related
taxes, deductions and assessments, including but not limited to,
leasehold excise taxes, federal income tax, FICA, social security tax,
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assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed
against either party as a result of this Agreement. In the event the City
is assessed a tax or assessment as a result of this Agreement, Greenway
shall pay the same before it becomes due.
7. Nondiscrimination Provision. During the performance of
this Agreement, Greenway shall not discriminate on the basis of race,
age, color, sex, religion, national origin, creed, marital status, political
affiliation, or the presence of any sensory, mental or physical handicap.
This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, and
selection for training.
8. Compliance with Law. Greenway agrees to perform those
services under and pursuant to this Agreement in full compliance with
any and all applicable laws, rules, and regulations adopted or
promulgated by any governmental agency or regulatory body, whether
federal state, local, or otherwise.
9. Notices. Unless stated otherwise herein, all notices and
demands shall be in writing and sent to the parties to their addresses as
follows:
TO CITY:
City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
TO GREENWAY: Executive Director
Yakima Greenway Foundation
103 South 3rd Street
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in
writing. Notices and/or demands shall be sent by registered or certified
mail, postage prepaid. Such notices shall be deemed effective when
mailed or hand delivered at the addresses specified above.
10. Assignment. Neither party shall transfer or assign this
Agreement, or any interest therein, without the consent in writing of the
other party, and it is agreed that any such transfer or assignment,
whether voluntary, by operation of law, or otherwise, without such
consent in writing, shall be absolutely void and shall, at the option of
the non-transferring/assigning party, terminate this Agreement.
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11. Successors Bound. Subject to the provisions of Section 10,
this Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors, and assigns.
12. 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.
13. Waiver of Breach. A waiver by either party hereto of a
breach of the other party hereto of any covenant or condition of this
Agreement shall not impair the right of the party not in default to avail
itself of any subsequent breach thereof. Leniency, delay or failure of
either party to insist upon strict performance of any agreement, covenant
or condition of this Agreement, or to exercise any right herein given in
any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
14. Integration. It is understood and agreed that all
understandings and agreements, whether written or oral, heretofore had
between the parties hereto are merged in this Agreement, which alone
fully and completely expresses their agreement, that neither party is
relying upon any statement or representation not embodied in this
Agreement, made by the other, and that this Agreement may not be
changed except by an instrument in writing signed by both parties.
15. Governing Law. This agreement shall be governed in all
respects by the laws of the State of Washington.
16. Venue. In the event there should be any litigation arising
out of this Agreement, venue shall lie in Yakima County, Washington,
IN WITNESS WHEREOF', the parties hereto have executed this
Agreement in duplicate counterparts, as of the date first -above written.
CITY OF YAKIMA
By:
R. A. Zais, Jr., City M. • er
CITY %WOO Pet: Z
e
Al FEST:
a
City Clerk 3/1'07
City Clerk's No.
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YAKIMA GREENWAY FOUNDATION
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Ofil-1/6; 7
ITEM TITLE: A Resolution authorizing execution of an Agreement with the Yakima
Greenway Foundation for the occupation, use and improvement of Sherman Park.
SUBMITTED BY: Jeff B. West, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West, 575-6030
SUMMARY EXPLANATION: Submitted for Council passage is a Resolution
authorizing the execution of an Agreement with the Yakima Greenway Foundation for
the occupation, improvement and use of Sherman Park. Prior to 1991, the Yakima
Greenway Foundation and the Yakima Area Arboretum jointly occupied the Sherman
Park area pursuant to Agreements with the City of Yakima. In 1991, those prior
Agreements were cancelled and a new Agreement was entered into with the Yakima
Area Arboretum. However, at that time, no new Agreement was entered into with the
Yakima Greenway Foundation.
The attached and incorporated Agreement memorializes the understanding of the
parties by which the Yakima Greenway Foundation has occupied Sherman Park since
1991. Cecilia Vogt, Executive Director of the Yakima Greenway Foundation has
reviewed the attached Agreement and approves its content. This Agreement should
have no fiscal impact upon the City of Yakima.
Resolution X Ordinance Contract Other(Specify) Agreement
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pass Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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Resolution adopted. RESOLUTION NO. R-97-36