HomeMy WebLinkAboutCleat City, LLC - MOU re Road Improvements to SOZO Sports ComplexMEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF YAKIMA AND CLEAT CITY, LLC
This Memorandum of Understanding is entered into by and between the City of
Yakima, Washington, a municipal corporation, and Cleat City, L.L.C., a Washington limited
liability company. The parties are currently contractual partners in the SOZO Sports
Complex operation. Roadway improvements are necessary in the area, have been
contemplated throughout the cooperation regarding the site, and are mutually beneficial to
both the City of Yakima and Cleat City, LLC. This memorandum, and its Exhibits,
formalize the roadway improvement construction matters with regards to South 36th
Avenue between the two parties.
The City of Yakima intends to improve access to the SOZO Sports Complex by reconstructing,
realigning and widening portions of Spring Creek Road, South 36th Avenue and Sorenson Road.
For and in consideration of the mutual benefits to be derived and other valuable consideration
the sufficiency of which is hereby acknowledged, the parties hereby agree as follows.
1. In order to widen 36th Avenue and upgrade the existing entrance off of 36th Avenue, the City
of Yakima will require 16,426 square feet of right of way and a temporary construction
easement of 1,740 square feet from parcel number 181334-43402, and further defined in
paragraph 8 of this Agreement. To construct a new access off of Sorenson Road, a
temporary construction easement of 3,750 square feet will be required from parcel number
181334-43401, as further defined in paragraph 9 of this Agreement.
2. As the SOZO Sports Complex was a joint venture between the City of Yakima and Cleat City,
LLC, in which the City of Yakima contributed $4.1 Million to the project, Cleat City, LLC shall
donate the right of way and temporary construction easements necessary for the
improvements of the roadway to the City of Yakima.
3. At no cost to the City, Cleat City, LLC shall relocate any fence, gates, retaining walls and
irrigation systems located within the new right of way or temporary construction easements.
Any damage outside the right of way or temporary construction easement caused by
construction activities contemplated herein will be repaired by the City of Yakima at no cost
to Cleat City, LLC, to the condition existing prior to construction.
4. The City will use the specifications of the "2018 Standard Specifications for Road, Bridge,
and Municipal Construction," as prepared by the Washington State Department of
Transportation, and amendments thereto, unless specifically waived or revised by the
approved plans and specifications for this project.
5. The City of Yakima shall be responsible for providing any necessary traffic control to perform
the work. All signing of the construction work area shall comply with the current edition of
the National Manual on Uniform Traffic Control Devices for Streets and Highways, adopted
by the Washington State Highway Commission. Access to the Cleat City, LLC property near
the work shall be maintained at all times, however, during construction, access will be limited
to a temporary location in the vicinity of 38th Avenue and Sorenson Road. Sections of Spring
Creek Road, 36th Avenue and Sorenson Road will be closed to all but local traffic during the
construction activities. The City is not responsible for any damages or losses associated with
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events or activities at the SOZO Sports Complex during construction, including any damages
or losses to Cleat City, LLC associated with tournaments, practice, events, or activities
occurring on SOZO Sports Complex property.
6. The City of Yakima Contractor will carry and maintain in force automobile, general bodily
injury and property damage insurance as specified in the 2018 Standard Specifications for
Road, Bridge, and Municipal Construction to cover its operations.
7. The Memorandum of Understanding does not in any way abridge any other rights of the City
of Yakima and the City Engineer in his jurisdiction over the City roads or Cleat City LLC's
rights regarding their property.
8. Cleat City, LLC shall sign and record a Deed of Dedication, dedicating the following described
real property as public right of way:
That portion of the following described Parcel "A" lying Easterly and Southeasterly
of the line described as follows: beginning at the intersection of the North boundary
of said Parcel "A", lying 35.00 feet Westerly of and perpendicular to the Spring
Creek Road centerline alignment as shown on the Record of Survey recorded
under Auditor's File No. 7930495, Records of Yakima County, Washington;
Thence Southerly, 35.00 feet Westerly of and parallel with said centerline
alignment, to a point of curvature at engineer's station 64+46.69;
Thence Southwesterly 62.7 feet along the arc of a tangent curve to the right, having
a radius of 40.00 feet, through a central angle of 89°50'10" to the intersection of
the South boundary of said Parcel "A", 40.00 feet Northerly of and perpendicular
to the South line of Southeast quarter Section 34, Township 13 North, Range 18
East, W.M. and the terminus of described line;
Parcel "A"
Lot 2 of Short Plat recorded under Auditor's File Number 7893928, records
of Yakima County, Washington.
Parcel No. 181334-43402
Said Deed shall be signed and recorded within three days of signing this Agreement. The
form of the Deed of Dedication is attached hereto as Exhibit "1."
9. Cleat City, LLC shall sign and record two Temporary Construction Easement granting the
City the right to utilize the following real property throughout all construction activities:
That portion of the following parcel "A" lying East, South, and West of the following
described line: Commencing on the South line of Section 34, 524.86 feet East of
the South quarter of section 34, Township 13 North, Range 18 East, W.M.;
Thence Northerly and perpendicular to said South line, 40.00 feet to the True Point
of Beginning;
Thence continuing Northerly and perpendicular to said South line 25.00 feet;
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Thence Easterly and parallel with said South line 150.00 feet,
Thence Southerly and perpendicular to said South line to the North Right of Way
of Sorenson Road, and the Terminus of described line;
Parcel "A"
Lot 1 recorded under Yakima County's Auditor's File Number 7893928,
records of Yakima County, Washington.
Situate in Yakima County, Washington.
Parcel No. 181334-43401
TOGETHER WITH
That portion of the following Parcel "A" Tying East and North of the following
described line: Beginning on the North boundary of Parcel "A", 80 feet West of the
East line of the West half of the Southeast quarter of Section 34, Township 13
North, Range 18 East, W.M.;
Thence Southerly and parallel with said East line 58 feet;
Thence Easterly and parallel with said North boundary, to the Westerly Right of
Way of South 36th Avenue and the Terminus of described line;
Parcel "A"
Lot 2 of Short Plat recorded under Auditor's File Number 7893928, records
of Yakima County, Washington.
Situate in Yakima County, Washington.
Parcel No. 181334-43402
Said Temporary Construction Easements shall be signed and recorded within three days of
signing this Agreement. The form of the Construction Easement is attached hereto as Exhibit
Dated this
CITY OF YAKIMA
day of
Cliff Moore, City nager
CLEAT CITY, LLC
RI Plerfle.)14 k4S2-'
By: [print name] Its: [print title]
114.�r
3
, 2018.
CITY CONTRACT NO.
RESOLUTION NO: