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Home My WebLink AboutR-2005-072 License agreement between the City and the Yakima Valley Canal CompanyRESOLUTION NO. R-2005-72 A RESOLUTION authorizing and directing the City Manager to execute a license agreement with the Yakima Valley Canal Company in order for the City of Yakima to extend a water main to and across the right-of-way of the Yakima Valley Canal Company in the vicinity of 106 North 41st Avenue, Yakima, Washington. WHEREAS, the Yakima Valley Canal Company ("Canal Company") owns and operates an irrigation canal within the City of Yakima to transport water for irrigating land of its various water users and owns rights-of-way on each side of said canal which are used in connection therewith; and WHEREAS, the City of Yakima ("City") currently has a domestic water main north of West Chestnut Avenue on North 41st Avenue that dead ends in the North 41st Avenue cul-de- sac south of the Canal Company right-of-way; and WHEREAS, the City wishes to eliminate the dead end main, which causes stagnant water and negative impacts on water quality, by extending the water main north to and across the Canal Company irrigation canal location; and WHEREAS, the Canal Company is willing to grant a license to the City for the extension of its water main north to and across the Canal Company right-of-way and continuing north to a water main under Summitview Avenue, creating a loop, provided it incurs no loss, damage, liability or expense relating to the construction, maintenance, repair or existence of the extended water main; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached license agreement with the Canal Company, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated license agreement with the Yakima Valley Canal Company in order for the City of Yakima to extend a water main to and across the right-of-way of the Yakima Valley Canal Company in the vicinity of 106 North 41st Avenue, Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 3rd day of May, 2005. ATTEST: ,aAA-�-- City Clerk Paul P. George, Mayor AGREEMENT FOR USE OF RIGHT-OF-WAY THIS AG' E NT (hereinafter "Agreement") is made and entered into this day of 11 I , 2005, by and between YAKIMA VALLEY CANAL COMPANY, a corpor. tion, (hereinafter "Canal Company") and the CITY OF YAKIMA (hereinafter "City"), a Washington municipal corporation. 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 rights-of-way on each side of said canal, which are used in connection therewith. 1.2 The City currently has a domestic water main north of West Chestnut Avenue on North 41St Avenue. This water main dead ends in the North 41st Avenue cul-de-sac south of the Canal Company right-of-way. The City wishes to eliminate the dead end main, which causes stagnant water and negative impacts on water quality, by extending the water main north to and across the Canal Company irrigation canal location. 1.3 The Canal Company is willing to grant a license to the City for the extension of its water main north to and across the Canal Company right-of-way and continuing north to a water main under Summitview Avenue, creating a loop, as described herein, provided it incurs no loss, damage, liability or expense relating to the construction, maintenance, repair or existence of the extended water main. NOW, THEREFORE, it is agreed as follows: II. Terms and Conditions 2.1 Canal Company hereby grants a license to the City for the use of its right-of-way, located directly north of the property with that Assessor's Tax Parcel No. 181322-31472 (106 North 41st Ave), located in Yakima County, Washington. The right-of-way is more fully described in maps depicting the current water main location and the requested license to use the canal right-of-way that are attached hereto as Exhibit "A" and incorporated herein by this reference. 2.2 The City, at its sole cost and expense, shall construct its water main in such a manner so that the existence or use of the new water main will not cause loss or damage to the Canal Company, its water users or any third person or interfere with its operations. The construction work shall be under the inspection and Agreement for Use of Right of Way -1 subject to the approval of the superintendent of the Canal Company, and the Yakima City Engineer. 2.3 Prior to the construction of the water facilities referenced above, the City 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. 2.4 After the water main is constructed, the City shall make and undertake all repairs and maintenance necessary to prevent the existence or use of the water main from causing loss or damage to the Canal Company, its water users, or any third person, or interfering with its operations. The repair and maintenance work shall be under the inspection and subject to the approval of the superintendent of the Canal Company. 2.5 The City shall defend, indemnify and save the Canal Company harmless from any and all claims, losses, damages, liabilities, deference, obligations, costs or expenses, including, without limitation, reasonable attorneys' fees (collectively "Losses"), which result from the construction, existence, use, maintenance, repair, or condition of said water main, or from a breach of any duty set forth herein. 2.6 If the City 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 City shall promptly reimburse the Canal Company for all reasonable expenses and costs it incurred in performing the duty. 2.7 The City acknowledges that substantial damages may be suffered by Canal Company and its water users if it fails to perform as required by this Agreement. Accordingly, the duties of the City 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 the City herein with all of the rights and powers incident to that status. 2.8 If Canal Company finds that removal of the City's water main described herein becomes necessary for the operations of the Yakima Valley Canal, the City, at its sole cost and expense, shall remove such water main and appurtenances upon Canal Company's request. If the City fails or refuses to remove the water main and appurtenances, Canal Company may remove the same and charge the expense of removal to the City. Agreement for Use of Right of Way -2 2.9 The City shall pay the Canal Company an administrative fee of $850.00, which includes its attorneys fees incurred in drafting and reviewing this Agreement 2.10 The venue for any action brought upon this Agreement shall be in Yakima County, Washington. YAKI 'A! VALLEY ANA CO PA By i�i�I c GEN ' . WOO IN, JR., President THE CITY OF YAKIMA By , _.. 1 Title R. A. Zais, City Manager CITY CONTRACrNO: NO: ?�--v/)/A- RESOLUTION f:\clients\1em\yvcc-9800\city-41st-022\canal crossing agr.41st.012404.doc 1/24/2004 3:44 pmslp Agreement for Use of Right of Way -3 City of Yakima Water/Irrigation Division BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM TITLE: License agreement with the Yakima Valley Canal Company SUBMITTED BY: Mike Shane, Water/Irrigation Engineer Dave Brown, Water/Irrigation Manager CONTACT PERSON/TELEPHONE: Mike Shane / 576-6480 Item No. *I For Meeting of 5/3/05 SUMMARY EXPLANATION: Staff respectfully requests City Council to approve the attached resolution authorizing the City Manager to execute the accompanying License Agreement between the City and the Yakima Valley Canal Company. The City currently has a domestic water main north of W. Chestnut Ave. on N. 41St Ave. This water main dead ends in the N. 41st Ave. cul-de-sac, which is south of the Yakima Valley Canal Company right-of-way. The City wishes to eliminate the dead end main, which causes stagnant water and negative impacts on water quality. The City proposes to extend the water main north, across the Canal Company irrigation canal location, to tie into the existing waterline in Summitview Ave. By doing this, it will provide a looped water system for N. 41st Ave., eliminating the stagnant water and associated complaints from our water customers. As well as improving water quality to our customers on N. 41st Ave., looping the water system will provide improved fire flows and system reliability in the overall area. In addition to the lease agreement from the Canal Company, the City is currently negotiating the purchase of easements from adjacent property owners. Financial support for this plan will be from appropriations approved by Council in the FY2005 Water CIP Budget. Resolution X_ Ordinance Other (Specify) Contract _ Mail to Larry Martin, Halverson & Applegate; 1433 Lakeside Ct.; Yakima, WA 98902: Funding Source_474 Water Impro ment Fund_ APPROVED FOR SUBMITTAL: `-Izz,, City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying License agreement with the Yakima Valley Canal Company. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-72