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HomeMy WebLinkAboutSahara Group, LLC - Right of Entry Permit and License for Sewer Line ConstructionRIGHT OF ENTRY PERMIT AND LICENSE FOR SEWER LINE CONSTRUCTION THIS AGREEMENT is entered into on this 541A—* day of 'VIA , 2020, by and between the City of Yakima, Washington ("City") and SAHARA GROUP, L.L.C., owner of the property on which the Red Lion Hotel is located (referred to as "Grantor"). WHEREAS, the City intends to improve the sewer system in conjunction with the improvements to the Yakima Convention Center in Yakima, which requires that the sewer line connecting the Grantor to the public sewer system must be moved to continue to function with the improvements; and WHEREAS, the City intends to hire contractors to conduct work with regards to this project, therefore, the City and its contractors will be collectively referred to as "City" in this Agreement; and WHEREAS, to move the side sewer line currently servicing Grantor's property to the right-of-way, it will be necessary to move Grantor's current side sewer connection, and connect its side sewer to the City's lateral line located on the west side of the Grantor's property; and WHEREAS, improvements to the Yakima Convention Center benefit both the City and the Grantor; and WHEREAS, the Grantor wishes to cooperate with the City and accommodate the need to move Grantor's side sewer and connection to the line running through the alley on the west side of Grantor's property; and WHEREAS, the Grantor has the authority, and is willing to grant the rights requested subject to the terms and conditions herein; and WHEREAS, the parties desire to enter into an agreement temporarily authorizing the City to use Grantor's parking lot during the construction of the project, and do the other things outlined by the terms and conditions herein to grant access to the City to improve the sewer service within the City of Yakima; NOW, THEREFORE, THE CITY AND THE GRANTOR AGREE AS FOLLOWS' 1. License Granted, The Grantor, for good and valuable consideration, hereby grants and warrants to the City, its heirs, successors, legal representatives and assigns, subject to the terms and conditions hereinafter set forth, a temporary non-exclusive right, privilege and authority to construct and use all necessary equipment and facilities thereto for any public purposes, in, under, on, across, over, through, along or below the real property described on the attached Exhibit "1" and illustrated for reference on the attached Exhibit "2." This grant of license shall specifically and without limitation to the generality of the foregoing include the right of the City to construct and/or place sewer lines and sewer facilities on Grantor's property. Further, the grant of license shall specifically and without limitation include the right of the City to take necessary steps to abandon any old side sewer lines depicted in Exhibit "2." This grant of license shall further include, without limitation to the generality of the foregoing, the right of the City to place side sewer lines and related infrastructure within the Grantor's parking lot, and the right of free access to and from the license parcel, the right to enter and temporarily rest upon Grantor's adjacent lands for the purpose of installing, replacing and constructing side sewer lines, sewer facilities, and other similar facilities that are part of the sewer project. This includes unimpeded access to the property for purposes stated in this temporary easement. Grantor's property is described as follows: HUSON'S ADDITION Block 129, Lots 1 & 2, Block 130, Los 1 through 8 and Lots 13, 14 and a portion of the vacated alley, Block 150, the West 80 feet of Lots 9 through 16, Block 149, Lots 15 & 16, and that vacated portion of A Street and 7th Street. Yakima County Assessor's Parcel No.: 191319-12561, Commonly known as 607 East Yakima Ave., Yakima, Washington Red Lion Hotel 2. Temporary Period. This temporary license is for the specific term as follows: from the date this temporary license is signed until May 10, 2020, unless extended by agreement signed by both parties. 3. Access and Entry to Property. Grantor will allow the City reasonable access to enter and reenter their property for the Temporary Period. The purpose of this access is to allow the City to construct, install, and address the sewer lines and associated facilities to the Grantor's property, including, but not limited to, disconnecting and abandoning the existing side sewer line on Grantor's property and connecting the property to the City lateral located in the alley on the west side of the property, all for the improvement of the City's sanitary sewer lines. The location of the side sewer lines and facilities will need to be altered from their present location to the North and West side of the property to connect to the sewer line running along the west side of the property. Grantor will allow the City access to all parking lot and exterior portions of the property as necessary to accomplish the described work. 4. Removal of Obstructions. Grantor will remove obstacles as requested by the City within twenty-four (24) hours of the request. Grantor agrees that the City is allowed to remove all obstacles for the purpose of construction of the side sewer lines if they have not been removed after request. The City will restore any items removed from Grantor's land for the purposes of the sewer project to their original condition at the time of removal. 5. Restoration after Construction. The City shall, after installation, construction and relocation of improvements, restore Grantor's property which may be disturbed by the work to at least the same condition it was in immediately prior to any such installation, construction or relocation. 6. Commencement of Construction. Construction or relocation of the facilities contemplated by the City specific to Grantor's property may commence at any time and in any such manner as may be determined by the City, in its sole discretion, after execution of this Agreement by both parties. 7. Modification. The City and Grantor hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement upon written agreement of both parties to such alteration, amendment or modification. 8. City Ordinances and Requlations. Nothing herein shall be deemedto direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Agreement or of the project, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. 9. Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 10. Warranties and Representations. Grantor represents and warrants to the City that (i) Grantor has all necessary power and authority to execute and deliver this Agreement to the City; (ii) Grantor is the owner or the owner's lawful agent of the herein -described real property; (iii) if the property is tenant -occupied, the tenant has also agreed to the terms and conditions of this Agreement; and (iv) that to the best of the Grantor's actual knowledge, Grantor has never generated, stored, handled, or disposed of any hazardous waste or hazardous substance upon the identified parcel, and Grantor has no actual knowledge of such uses historically having been made on the parcel or such substances historically having been introduced thereon. 11. Notice. Any notice or information required to permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified: To the City: City of Yakima c/o Wastewater Manager 2220 East Viola Ave. Yakima, WA 98901 To the Grantor: 12. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, regarding the herein described sewer project shall be binding on the parties upon execution of this Agreement. DATED this day of BY: - tom., r at s kv-tas L it - (PRINT NAME) ITS: ( ,iii vvc,s, (PRINT TITLE OF PERSON SIGNING) CITY *F YAKIMA: Attest:° ALEX MEYE° GHOFF, 1 : ins City Vt. ager STATE OF WASHINGTON )ss. County of Yakima On thisc day of it L*-# 2020, I certify that I know or have satisfactory evidence that id1,6, (.a1.ava4 ; � , appeared before me, acknowledged that they are authorized to execute the foregoing instrument for and on behalf of the Grantor, and said person acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned, arid on oath stated that they are authorized to execute the said instrument. 2020. SON A CLA Clerk IA L NOTA PUBLIC in and Washir on, residing at: My commission expires: CITY CONTRACTNO' RESOLUTION NO: a"