Loading...
HomeMy WebLinkAbout07/07/2020 04E Yakima Electric Railway System & Museum; Operation License Agreement with Yakima Valley Trolleys \:4;71.111111Pir..... ,t/ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.E. For Meeting of: July 7, 2020 ITEM TITLE: Resolution authorizing an agreement with Yakima Valley Trolleys to use, operate, maintain, and promote the City's historic electronic trolley system and museum SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: The City of Yakima owns a 5 mile interurban electrical railway system and museum located at 306 West Pine Street. Yakima Valley Trolleys, a non-profit Washington corporation, operates and maintains the electrical railway system and museum in accordance with the terms and conditions of an Operation License Agreement with the City of Yakima. This organization has the expertise, experience, and sufficient personnel to operate and promote the electric railway system during the term of the agreement. The Agreement continues the City's relationship with Yakima Valley Trolleys, and provides for use of the system and museum for tourism and enjoyment by the public. Funding for the system is provided through the City Council's budget process, and funds gained from ticket sales is placed in an operating budget for the system and museum. This Agreement's term is through December 31, 2024. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type Resolution-Operation License Agreement with YVT 6/9/2020 Resolution Operation License Agrement with Yakima Valley 6191202o Contract Trolleys 2 RESOLUTION NO. R-2020- A RESOLUTION authorizing an agreement with Yakima Valley Trolleys to operate, maintain and promote the City's electric railway system and museum WHEREAS, the City of Yakima has an interurban electrical railway system and museum; and WHEREAS, the City does not have sufficient personnel and expertise to operate and maintain said system and museum; and WHEREAS, the members of Yakima Valley Trolleys have the experience and expertise to operate and maintain the electrical railway system and museum, and the organization is willing to do so in accordance with the terms and conditions of the Operation License Agreement; and WHEREAS, the electric railway system and museum are used by residents, tourists and the public, and the Yakima Valley Trolleys, under past agreements, has promoted the trolley system and museum in multiple media formats; and WHEREAS, the trolley system and its trolley cars are part of Yakima's history, as is evidenced in the trolley museum and through the trolley rides offered by Yakima Valley Trolleys; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima and its residents to authorize execution of the Operation License Agreement between the City of Yakima and Yakima Valley Trolleys; 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 Operation License Agreement between the City of Yakima and the Yakima Valley Trolleys, a non-profit corporation, authorizing said organization to operate and maintain the electrical railway system and museum of the City of Yakima. ADOPTED BY THE CITY COUNCIL this 7th day of July, 2020. Patricia Byers, Mayor ATTEST: Sonya Claar Tee, City Clerk 3 OPERATION LICENSE AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA VALLEY TROLLEYS THIS OPERATION LICENSE AGREEMENT (hereinafter "License Agreement') is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "city"), and the Yakima Valley Trolleys, a Washington non-profit corporation (hereinafter°YVT"). WHEREAS, YVT desires to operate and use, at no cost to the City, the City's electric railway system during calendar years 2020 through 2024. WHEREAS, the City is willing to grant an operation license to '(VT to operate the City's electric railway system in accordance with the terms and conditions of this License Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, it is agreed by and between the City and '(VT as follows: I. Use and Opsration License. '(VT is licensed to use, operate, maintain and promote the City's electric railway system and electric railway museum located at 306 West Pine Street. Said use, operation, maintenance and promotion shall include but not be limited to the following: as Operate, use and promote the City's electric railway system, including trolley cars, engines, way cars, associated railway rolling stock, and electric railway system parts, overhead wiring, track, supplies, tools, machines, and other associated equipment and materials. A map of the electric railway system is attached hereto as Exhibit "A" and incorporated herein by this reference. '(VT shall provide the City Manager, or their designee, with a written operation and promotion schedule for each year on or before February 1st of the calendar year, except the calendar year 2020, when the written operation and promotion schedule shall be provided within thirty (30) days of the date YVT signs this Agreement. Updates and additions to the operation and promotion schedule should be forwarded to the City Manager in a timely manner. b. Operate, use and promote the City's electric railway museum located at 306 West Pine Street, Yakima, Washington, including associated exhibits, gift shop, ticket office, and restrooms. A map and legal description of the railway museum site is attached hereto as Exhibit 13" and incorporated herein by this reference. '(VT shall provide the City Manager, or their designee, with a written museum operation and promotion schedule at the same time it provides the operation and promotion schedule outlined in section (1)(a) above. Updates and additions to the operation and promotion schedule should be forwarded to the City Manager in a timely manner. c. Store and maintain the City's electric railway system, including trolley cars, engines, way cars, associated railway rolling stock, and electric railway system parts, overhead wiring, track, supplies, tools, machines, and other associated equipment and materials. Said electric railway system trolleys, cars, engines, equipment, parts, supplies, tools, machines and other materials will be stored neatly in and upon the subject property located at 306 West Pine Street, Yakima, Washington, 4 d. An inventory of the City's electric railway system, including trolley cars, engines, way cars, associated railway rolling stock, and electric railway system parts, overhead wiring, track, supplies, tools, machines, and other associated equipment and materials is attached hereto as Exhibit "C" and incorporated herein by this reference. '(VT should update this inventory as necessary and provide an updated Exhibit to the City to attach to this Agreement. 2. Electric Railway.System and Museum Use Restricted. a, Electric Railway System Use Restriction. The operation, use and promotion license granted herein for the City's electric railway system shall be restricted to the use and operation of the electric railway system on a non-profit basis for the transport, benefit, and enjoyment of the public, as an educational resource, as a tourist attraction and a tourism promotional activity, and to activities necessary for the maintenance of the electric railway system. b. Electric Railway Museum. The operation, use and promotion license granted herein for the City's electric railway museum shall be restricted to the use and operation of the electric railway museum on a non-profit basis for the benefit, education and enjoyment of the public, as a tourist attraction and a tourism promotional activity, and to activities necessary for the care and maintenance of the electric railway museum. 3. Maintenance. a. General Maintenance. In consideration of the license granted herein, '(VT assumes responsibility for and agrees to maintain the City's electric railway system, including trolley cars, engines, way cars, associated railway rolling stock, and electric railway system parts, overhead wiring, track, supplies, tools, machines, and other associated equipment and materials, and electric railway museum in good repair and in as clean, neat and orderly manner as reasonably possible. '(VT must coordinate all significant general maintenance work with the Public Works Director and the City Engineer, or their respective designees. b. Track Maintenance. '(VT shall maintain all electric railway system railway track located on a City street in a manner that provides that the top of the rails shall be level with the surface of the street; provided, however, that '(VT shall not be required to elevate or depress a rail in a City street in a manner that is contrary to standard railroad engineering practices. YVT" must coordinate all significant track maintenance work with the Public Works Director and the City Engineer or their respective designees. 4. Budget and Expenditures. a. ikknnual Operation and Maintenance Budge,t. With assistance from the City Manager and/or their staff, YVT shall submit a proposed annual budget to the City for the operation and maintenance of the electrical railway system and the electrical railway museum. This proposed budget shall be submitted during the City Council's normal budget preparation cycle. '(VT will coordinate with the City Finance Director to provide a budget consistent with City format for timely internal review by the City. b, city Approval Required for Maintenance and Operation Expenditures. To the extent that '(VT requires and seeks funding from the City (including the "trolley fund") for any expense and/or costs related to the maintenance and/or operation of the City's electrical railway system and electrical railway museum, '(VT shall seek and obtain approval of the City before incurring the respective expense and/or costs in accordance with the following: 5 • The City Manager or his designee must review and approve all expenses/costs of$10,000 or less. The City Council must review and approve all expenses/costs in excess of$10,000. • No expenditure may be made from the trolley fund established under '(MC Chapter 3.95 without City Council approval and can only be used for the purposes specified in '(MC § 3.95.010. c. Compliance with City Purchasing Policies* '(VT shall comply with City purchasing policies, procedures and instructions in purchasing equipment, materials, and supplies necessary for the operation and maintenance of the electrical railway system with funds provided and/or obtained by the City for trolley purposes. '(VT shall purchase ail such equipment, materials and supplies purchased with funds provided and/or obtained by the City in the name of the City. d* Revenues from Operation of the Electrical Railway System. Revenue derived from the operation of the electrical railway system shall be used in accordance with '(MC § 3.95.010 for the acquisition, operation, maintenance and capital improvements of the electrical railway system and no other purposes. Revenues derived specifically from fares, donations, gift shop sales and membership dues may be deposited into the YVT's operating general fund and shall be used to pay general operating costs such as utility bills and to make minor miscellaneous purchases necessary to keep the trolleys operating. Revenues derived from the sale of excess or scrap trolley property or from receipts from third party uses of trolley property, such as the use of the trolley poles for cable attachments, shall be deposited into the City's trolley fund to be utilized for future development and maintenance of the trolley system in accord with '(MC § 3,95* 5. Safety and Accident Reporting Requirements. In operating and maintaining the electrical railway system and museum under this License Agreement, '(VT shall comply with safety and accident reporting requirements of WAC Chapter 468-550 and any other applicable federal, state and/or local laws, rules, and regulations. a. gjggldojEtgjhAmf_„$. stem Description, and Organizational Structure. In accordance with WAC 468-550-040(4), '(VT shall submit on behalf of the City a written description of electrical railway system and organizational structure to the Washington State Department of Transportation ("Department") by January 31st of each year, except for the year 2020 wherein YVT shall submit documentation to the Department within thirty (30) days of signing this Agreement, or within ninety (90) calendar days of commencing operations of the electrical railway system under this License Agreement, whichever is sooner. Said description shall satisfy the criteria stated in WAC 468-550-040(4) and shall be submitted to the City Manager for their review and approval prior to submission to the Department* Further, in accord with RCVV 35.21.228(2), Nevi- shall implement and comply with its system safety program plan and system security and emergency preparedness plan and shall perform internal safety and security audits to evaluate its compliance with the plans and shall submit its audit schedule to the Department no later than December 15th each year this License is in effect. '(VT shall also prepare an annual report for its internal safety and security audits undertaken in the prior year and submit the report to the Department no later than February 15th of each year this License is in effect. This annual report must include the dates the audits were conducted, 3 6 the scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result of the audit activity, and the results of each audit in terms of the adequacy and effectiveness of the plans. b. Notification and lnviesçiatipn of Accidents. vvr shall be responsible for and shall comply with all notification, reporting and investigation requirements of WAC 468-550-070 regarding accident, incident, unacceptable hazardous conditions as those terms are defined under WAC 468-550-030, including but not limited to: notifying the Department within twenty- four (24) hours of the occurrence of any reportable incident, or the discovery of any unacceptable hazardous condition; and investigating all reportable incidents and unacceptable hazardous conditions and issuing a written investigation report to the City and the Department within forty-five (45) calendar after the occurrence of the incident, or discovery of the unacceptable hazardous condition. 6. Surrender of Property. vvr agrees that at the expiration of this License Agreement, \NT will quit and surrender the electric railway system and electric railway museum, in as good a state and condition as when received by YVT or as improved thereafter, to the City, and will deliver all keys to said property to the City 7. Term.. The term of this License Agreement shall commence upon full execution hereof by the parties and shall terminate at midnight, December 31, 2024, unless sooner terminated by either party in accordance with Section 23 of this License Agreement. 8. Independent Contractor Status of YVT. YVT and the City understand and expressly agree that YVT is an independent contractor with regard to the use, operation, promotion and maintenance of the City's electric railway system and electric railway museum under this License Agreement. No officer, employee, volunteer, and/or agent of YVT shall act on behalf of or represent him or herself as an agent or representative of the City. No officer, employee, volunteer, and/or agent of wr shall make any statement in the name of or on behalf of the City. YVT, as an independent contractor, assumes the entire responsibility for using, operating, promoting, and maintaining the electric railway system and electric railway museum* YVT and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between YVT and the City. 9. Taxes and Assessments. YVT shall be solely responsible for compensating its employees, agents, and/or subcontractors and for paying ail related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, 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 License Agreement. 10,, Nondiscrimination Provision. During the performance of this License Agreement, YVT shall not discriminate in violation of any federal, state, and/or local law and/or regulation 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, selection for training, and the provisions of services under this License Agreement. 11. The Americans_ with pisabilities Act. YVT shall comply with the Americans with Disabilities Act of 1890, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and 7 Washington State's anti-discrimination law as contained in RCW Chapter 49.60 and its implementing regulations ("WLAD"), with regard to the activities and services provided pursuant :to this License Agreement. The ADA and the WLAD provide comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. 12. Compliance With Law. '(VT shall obtain and maintain all permits and/or licenses from the City, state and/or federal government necessary and/or required to use, operate, promote and maintain the City's electric railway system and electric railway museum under this License Agreement. Further, '(VT shall use, operate, promote and maintain the City's electric railway system and electric railway museum under this License 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. 13. Debts and Liens. vvr shall not permit/allow any lien to attach to the City's electric railway system, electric railway museum and/or any other City property. '(VT shall not permit/allow any debt to be imposed on the City as a result of YVT's use, operation, promotion and/or maintenance of the City's electric railway system and electric railway museum under this License Agreement. In the event of any such lien and/or debt, '(VT shall immediately take all necessary steps to have the City legally released from said lien and/or debt. 14. Compliance With Environmental Laws. a. 'WI represents, warrants and agrees that it will use, operate and maintain the City's electric railway system and/or electric railway museum in compliance with all applicable environmental laws. As used in this License Agreement, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et. seq., the Clean Air Act, 42 § 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. § 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § 2701, et seq., and any Washington or other comparable local, state, or federal regulation, statute, ordinance and/or law pertaining to the environment or natural resources. b. Toxic or hazardous substances are not allowed on the subject property without the express written permission of the City and under such terms and conditions as may be specified by the City. For the purposes of this License Agreement, "Hazardous Substances," shall include all those substances identified as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq., and the Washington Model Toxic Control Act, RCW 70.105D et seq. Within thirty (30) days of execution of this Agreement, '(VT shall provide the City with a written list of substances/materials/products necessary to operate, use and maintain the City's electric railway system and electric railway museum. The City shall notify '(VT in writing of the City's approval or rejection of the list of substances/materials/products no later than thirty (30) days after receiving said list. In the event the City's approval of the use of any particular substance/material/product is granted, the disposal of such must be done in a legal manner according to applicable laws and regulations by the '(VT. C. '(VT agrees to cooperate in any environmental investigations conducted by the City or independent third parties where there is evidence of contamination on the subject 8 property, or where the City is directed to conduct such audit by an agency or agencies having jurisdiction. YVT shalt provide the City with notice of any inspections of the subject property, notices of violations, and orders to clean up contamination. 15. General indemni,ficg9n and Hold_ Harmless. YVT agrees to protect, defend, indemnify, and hold harmless the City, its officers, appointed and elected officials, agents and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of YVT, its directors, officials, officers, members, employees, agents, and/or volunteers arising out of or in connection with the use and/or operation of the City's electric railway system and electric railway museum under this License Agreement, including but not limited to any personal injury and/or property damage claim, demand, lawsuit or other proceeding brought by one of its members or volunteers against the City. The provisions of this section shall survive the termination or expiration of this License Agreement 16. Lial?ilitv Insurance. The City agrees to provide YVT with liability and directors and officers insurance, each with a minimum liability limit of $2,000,000 combined single limit bodily injury and property damage. Said policy shall be in effect for the duration of this License Agreement. The policy shall name the City, its elected and appointed officials, officers, agents, and employees as additional insureds. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 17. No Insurance provided by YVT. It is understood YVT does not maintain general liability or directors and officers insurance for itself and/or its members, directors, officials, officers, agents, members, employees and volunteers. 18. Maintenance Inspection, Audit and Retention of Records a. wr shall maintain (in accordance with generally accepted accounting practices) books, accounts, records, documents and other materials related directly or indirectly to the costs, expenses and revenues of the operation and maintenance of the City's electric railway system and electrical railway museum as licensed under this License Agreement, All such books, accounts, records, documents and other materials shall be subject to inspection and audit at reasonable times by representatives of the City and/or of the Washington State Auditor. WI'shall make such books, accounts, records, documents and other materials available and afford the proper facilities for such inspection and/or audit within forty-eight (48) hours of inspection/audit notification from City representatives and/or the Washington State Auditor. Such books, accounts, records, documents and other materials may be copied by representatives of the City and/or of the Washington State Auditor as part of such an inspection/audit. YVT shall preserve and make available all such books, accounts, records, documents and other materials for a period of at least six (6) years after termination of this License Agreement. In addition, and as a non-profit corporation, YVT shall maintain and make available its tax returns to anyone who desires to review and inspect such tax returns. b. YVT" shall promptly furnish the City with such information related to services and/or work performed pursuant to this License Agreement as may be requested. Until the expiration of six (6) years after termination of this License Agreement, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, YVT shall provide the City access to (and the City shall have the 9 right to examine, audit and copy) all of YVT's books, documents, papers and records which are related to the services and work performed under this License Agreement. c. The City is required by law to comply with the Washington State Public Records Act (PRA), Chapter 42.56 RCW, All records relating to \Airs services, activities and responsibilities under this License Agreement must be made available to the City, and also produced to third parties, if required, pursuant to the PRA or by law. All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the City. This License Agreement and all public documents associated with this License Agreement shall be available to the City for inspection and copying by the public where required by the PRA or other law, to the extent that public records in the custody of YVT are needed for the City to respond to a request under the PRA, as determined by the City. If VW' considers any portion of any records provided to the City under this License Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, YVT shall clearly identify any specific information that it claims to be confidential or proprietary. If the City receives a request under the PRA to inspect or copy the information so identified, and determines that the release of the information is required or otherwise appropriate, the City may notify YVT of the request and the date such information will be released to the requestor unless YVT obtains a court order to enjoin the release, pursuant to RCW 42,56,450. If NWT fails to timely obtain a court order enjoining disclosure, the City will release the requested information on the date specified. The City has, and by this section assumes, no obligation on behalf of'NT to claim any exemption for disclosure under the PRA. The City shall not be liable to WI-for releasing records not clearly identified by '(VT as confidential or proprietary. The City shall not be liable to '(VT for any records that the City releases in compliance with the PRA, this section, or in compliance with an order of a court of competent jurisdiction. 19. Assignment. This License Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by yvr to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of '(VT stated herein. 20. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this License 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 License Agreement, covenant or condition of this License 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 License Agreement, covenant, condition or right, 21. .4everabilitv. If any provision of this License Agreement is determined to be invalid and unenforceable, all of the other provisions of this License Agreement shall remain valid and enforceable notwithstanding, unless the provision found to be invalid and unenforceable is of such material effect that this Agreement cannot be performed in accordance with the intent of the parties in absence thereof, 10 22. Ambiguities Shall Not. Be gontrued_Agoinst the Prafter. Both the City and vvr have participated in the drafting of this License Agreement. As such, the parties agree that the common law principles of construing ambiguities against the drafter shall have no application to this License Agreement. 23. Termination. Either party may terminate this License Agreement, with or without cause, by giving the other party fifteen (15) calendar days prior written notice of termination, 24. Sun/Ival. Any provision of this License Agreement which imposes an obligation after termination or expiration of this License Agreement shall survive the term or expiration of this License Agreement and shall be binding on the parties to this License Agreement. 25. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO YVT: President Yakima Valley Trolley - • Yakima, WA 98907 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, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 26. Governing Law. This License Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 27. Venue. The venue for any action to enforce or interpret this License Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 28. Integration. This written document constitutes the entire License Agreement between the City and YVT and supercedes any and all previous written and/or oral License Agreements between the parties. There are no other oral or written License Agreements between the parties as to the matters covered herein. No changes or additions to this License Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. CITY OF YAKIMA YAKIMA VALLEY TROLLEYS itro By:, Alex Meyerhoff, Interim City Manager Its: ,:eso 14.1 Date: Date: " czo 11 ATTEST: City Clerk City Contract No. 9 •s=-,,, •- .‘,;:,:;.,•..4,4'' ' .: ''''' ::::,... ':.:)i:I.c',3.E...i 7.3 ' filiffilirifigie National Rail , SoLithern:•Ave: ',: I41) Selah - Southern Ave Network MN NO Pine Street Setah ...,,,.....;;;.„., ..,.....,:,,...: :,...:::,.::.,,..., Freight ,,,„..:,:... . ,,T ,..::,...,.... Connection Buds Pi „„„„,,,„,, ......,,..,. .,,.....„.:„..... , :...,..„...,,,,..,,t..;:.......... ..,.......:..„,..,. '"'"Iiiiiiiiii;:'- -.'''''...:•.':-.'..-'37.'. ....'"•-,,gii:::::.„,:::'.....,.... ...: -t;!./. -' •,,,,,..:$1..„,,,ii.,..;,.. ..,,,,..)„..: ...... '''''.41111.„,,, .1$7/....: ---.... •-...... M ./........., .„.,..... :::! -• E R,St ..--..• .........„.„, ---1 ......„,„.. : :-...-.:. :., . . ..„ .. .. . ...... :„........ . : ... River Rd. Frt.ijtvalp 2. .•-- > .....„.„. E I St: CastievaleRci• - '.-..‘:••-- < . ' • • ------ - - -->••• .. - < • .r-.,..,. 7:4= -,Nillo,,t4 St '-',7-1-:: ,•:, ,..,,,::,- 0-. 4, : •:: • -i. .,:, . .c<(..--. .-: .:.:.. • . . 2,1, ..i.". . Z.- • Z''1„:—.::::-.::: .:: l'7;,.;,'.11.11.111,::::,.,,..,';'''74'.','>, . ‘^T'''''ref'1' '''''''5;j:'''' ' ' ''..::::!:•,-....' . :-..:'.'''':.,:-.-::. ,.. . ,:.:1„?..,iiii . e, ::'.:.i',."..* tf, ,..• le-.4.,i-oo(--j. Ave --.' . : -•. - . ----. :*---:,:,.... - . ' (:2.herry Aveliiii ': 74 1.111,,,,, '1,:f. ',' :: .. — '.. .. H ..... Trt fiti ,•:,. : 9.:m ilk ::.:-.,,:.- III '''' \i'l''''') ' ----11111:' ''-, '' - ' :-.:•::.. - ' '-'•, '''....:H,::. .- --• H .. - _. 2 :'' , -.., ' ,,,,,,:::•:,--:,,,-,, - i ' ,.::::::::::,,i: ..; :- ,...,.....„. :. ....,.:,„ . . ' • ' ' . - ' w.. • , - . --•:•:: - .W Lincoln 1\ve - . -‘•,:,•-•-•:-.1•1111,i:,..':... ,:.:...-• -i-. . .:'•:110:!!!„.. :..., , . -- . .......:.-- .. .:._ ;.•---.:•:-...,-.:.-..... . - ......- cL. Ya ki of ' . '.'''....1111,.:. ............ iib:-.1'.:, ,.. • . . : .'::-..' . : ,::-. . , ............,...:. •. . ,.f', - ' .- . - -.-- ,..,",,"",, •• ...• : 1,..ii,,l'.4iii.,,, • .• 3;,-----.' ..: .-.,r-I , (,r - :::• ':;,•,,,,, rnmitvie,,,,v.A.ve. . - • - - - •• :i...i,'-: - . - , ..,- ,-.:- , • : -:: -Sut-r)r-rit‘siek?,.„,./5,,ve .---:- •,.:...•...:,„...:111!!!„.....-•'1. . ..'.,.. ,...:.,...„. :!:11.i..!:,..!,:i..,..,- ',.: 5,›,, ,,•. kj.,..,.i, ,:::,,n --.,-, .......,.., .....,..,. . -:::-:'.: I'liiiitii'i', ' ,„,,,,St."'III,. lkiiiiii', -• :et '...,., ,,.' VNt Yakirria .Ave --. • .:-• : 1,1,,,1\1.:.'... -:: •,.:, ..,---,,,, •,,,........-:,,,,,,..„. ..... .•:.. e , .:\* ,T,,:iiiii'i..... .:,... ::, ,,,,A,,,,.,, :.,:giiii:::,,.. • ':. -. rz) ,::,,:i,i-::::...:.:H.:•H:::,.,..:::::,' '. 411011Cariiiparn • ...., vg. • ,.:: - . '.'-:fiiiiiiii ''''1111111111, ' , .:::: ' ' ' ''':HL-.',..H,..,',.--," .-, . ... : . . . c'-'0.:::„..,.. :.: . ... , . . :„ ... :... ... _......:.. .ftib, pine/Tieton. ,:,.,,, . --, • . ,...,,,,. - - ', ...•:.!.....iii,..1,. ,, • ,, • . ,. ----- - > t,.---- • , . r:. •,..fifil...., •. '..... -. op . :. :. -cD . --,' ' . :-,..! .. ''.-- ::: : :. ,. • --- - -,.:,---' .,,-... . -.1: ' .:':. -: . . . : .' > . : : •• . : i• ' - -,::•.:::: - : 1 3 ,„. . Exhibit"B" (YVT) ,. 446g* City 0,, Yakima. Parcel #181324.4 -. i f ' . .. Property- for the Y,.. ,:kima.Valley Trolleys . 46;* Description tor t Yakima County Assessorsg1.8132444- 4-. . . ' Legal . . this- 'arc-el #-.• . LUND'S ADDT(J: NORTH 255 TH S 71A 23 I:_ .--- . Description: .BEG _,-, ceepe.SD BLE , Narrative „.„. ,,,,,...: - ..." ... , — ra,.:: County , SC AS FOL: N. t '15" E 51 FT, 1 HFT, -T131,14:255& VAC ALLEY 44. - Y:KIMA: P . , 5. 37* isli E 17-7..... _..-1 :- • . • ..... -. F t N OF so B•.. 255, VAC ST DE. : ..-, . VT- TH N 63A , 7 ... . . ,.. W 187:FT IT-14:::S118?' ' s .: ... ,„.,:,,,.:A".315*,E.. 13:8..45 FT TO..., , . • . - • TH iN I I 4 THS 181‘3:7"15 . IS.. "E '.i'316 FT, , .. _ .. . Yakima County depiction below) (see TB N I W. . -LK . 8A37'15"W AL SD E LN. TO PO., 15 ., „. S. ‘,.„•....._,, - .....:-...: ..,.._,.,,,-- -.., , ‘ :N:'4 , - 1 .,,,,,,,..e,,,:.S. -:;•',,,'''.\ :` ,N.-...?,,...'•',„....,".c ...„.-.. ::*,* ':\.,i,;:';.„\s„: $,i4,(15:,.,.„,....-,,,, , .,,•*.- -r, . s--II.00‘A' ''•: :45 -`- '!,::..''''''4,...:•,,,,:'•',:.,' :`:.:`''''''',.:•,, ,. i. V:t:••;. , '. , 'x\:\..,..-4..\,- .-•::.. s' '''' ) .•„1 ''.'„:".' .„., . 2 , , ..,.,..,:s• „..-,,,...,:,,,,,,,.:„ ,,,..,„,,,. .,,,,cl...I, -, - ••- ..-•,.•••',.\:-''' \ \I', : ''':,Z:' 1:1-...' ., ' '''''','''•';'\i,.:.. \''''.''::''''"„\'' . .i I .. ''''24.-- - ..., 'ti",*''''',' •,' t\. - ' [ .,,, ,..:.t..? ,.. 4 ..,.y. , ,.., ,4 .p....,;:t.:,, .t.,4444 I. ,,,,-, .1.\.:,:....,...,...,7.,:-. \ ., -13 _ Ns ':,,k'ylk.A.;, " - , s, ... s., •,,,,z.4,,,..::s,....-,,,,... .,, .,.., ,,,.',,,i.,. 7. 1 i .,,,,:..,- .,,,:,. 4, 7: ., .- ,..+:-;...,..,... ,,.,:...",.....„ ... :. . i ,, 4.4,-. ' 4. *%,„ , .:... • .., 9 ' ' — ;A,•ir.'1.. • ... - t 'I !3 ,• '' .:.:.*. . -'‘;" l'?"..\•4::** ,,,-,,,,, ,,e,.: . . . j.,,, .,. ,, ',*- *.. .H. ..1 ,. f.2747' * .1*::1:, •A ,,,,, ., 4-44.-:,',4 - • - nl. • , ..., - ...,, , , , 1 ' :,- •..-• ''''''' ‘'' . .4 ...„. ... ...„‘.....i...:.....7..,:,,,1,7S,,.,,,,.:.::, '''' „0,-...,,t,;; '*;.= .i.:..'''..:'.--::::;:Ft'. -i';"'FiCE'?11:ig;i0'' ':'''':'''''...i'' §.;. _,..'1,k• .-1';:li '.:.:-i'i.'. "-Iti;,::::47:;:.:;.1. . .''')*''',4.4';'4:.:,,eli': :,. It -•:...i.-.:7';41i:7- P'.:•;.,:.. ..**•$ik •-,• '::::-t;': ...-':.t:-.7'.:94,:::.f. ,..I...,,..,:...--, ;A;',' '",.,•-,,,,.',.. .ifj:::?.,-.r.,/s1 !4,.,..-.,.:.::: !':,,,i.:.*;::.**.':.,..,,,,A. ,.::::, *1.:Aii.,..4,.::..s. ;'.:... .,.,•:'-i''vt.','.•.'441 ;:ti.'::,, 1;:lit• . .tk;i.., .H.':.:•::..,'4'.:;-Irri. :C.k V''.::,:',''.'''.1:, ' ':-.1t-.:'"I::1.!;4,17%.Ift:•:i' t•,., 4 00.'..'* ..;',-;' '',. A.: 4.--,.:7-4','''.:3.'1.^l oliff..,::'. '•'!‘.4:' . , .'. ' .".7:;)'.:„.,(1? \‘ t.„...7•1'.iii.li,,e- t''.• *(°.,,e,k,...•,%, •',*.A10.,'-1.41,....,•-;. '• ..*,•.;,',.*.,i- -.1,,,its-',- :110",,,,,„4 ••,.*:.7,P.W',',:il,,,T,•.4'.i:,-..;•':., ::•-,:',:,,:.:.-J11:4,,;•, •,-.1::: -,:,,, 'i.:::4.•:::::t:::,:•.:;,,,. .t:,,,,,;.: _ ,,..$. v.,-,,p..,0:,,,. -.' :.,_-...•...,:,..;.,:,,,. „...,,,„ ...,....„,,,::.,::.,„:,,,„,..:.,,,:. '11... .I....At 'gk,. ':-.4,--'4, ii••••'':'.!.. ..*.o. it,i... ::,.:•-•-i.,,,,tt,A.:.,.,te-,v..-..... .::.,4*-14,41:','41:',.'i,•-• .i.:;':', ''is---Vit:$':'... A.,..k.,,,„It:._,,.:.:-:,.:vi:-,,_„,,,...N. \ It :,.,, ,::. ,,:,*i-v,.i.I.N.4: .L.f.A:to.-. ,,,.-.,:..-..,,,,:o-,;:,,,,;',.-,,:.:%,z;t:.:k:'-.t::..,;:'.. ,..-%-4...:L T,"C-I•,-,':"'''' ‘ :CV •••••,..,.-4,;:k.:::: ::.7...:1'.4". .'•. ,i.1-7.4'.. '1;:eqe,k4144\:‘• l',',': :,,t.:-. -.t%_:i.9.,:i. ' .."'..:- - aii:::.V.,,::':-•fir9.4,', :::::': •-•.:- .:(-!7..::.*-:., :t4.-:.1.%.,.4',,'l''.. . i';..:(_, 111:::*.r1,80t144,,z: :.t,j,..:,.-'::.:.-7!,4,:-.i,ill'.4,..':,,,,':%.'0,.'!''''--,...4.4:%,,,,,,6::' c.:1:..b.;!.;•••,,:i...':•-..N Vil,...:.:*,..:sis,z,:i.'1:':.,.4:. ::(.::-.:..**... .7. ,..' .,,4,'•,,,,,, ...V.,-,.."' - .;-..€4;%-...t.,..'5;.:?!:'-i-:4.-',.''''''4-1:.•'-...., ..!:'.4T:.. . .,...%'$.\1*.'.i.ii: \ A \ v.,,,. ..... . it ..: :,,,, . :.,f,:o,..,,,,,,,,,,,• .,,,,,,,,: itit:,,,'.e.tker:..:47',..::.','.::.:4.:\ejilt ,,,,,,,:..„:„:,!,A.,:k,,,,...:_..,..:: :...:-... ..,,,i, .-,..._. :c.,,,,, ,,,„i..,,-•..:. :Tx,.,-,,,t,:,.. ir.,_;:', -::-. .-4:..:'! .,,, fil..17, +*:4:t%.. ..V't..*!-*7,- lk. :- .' .:-:••,V51.-,t4..'",......".T .,J!':'..):-. . ''-*''.''P...Aii4-: ,::.,.:..:,.....,-,i.,:•••••,.. ..,•:„.ig‘!:„::,..i..,11.:,..„--•:,-,:...,,,:„,::::-..::,:i•,:'•..4.e .,;,:„. ..-,.... . Ki4 1 ....4:.N:.,,t,:-:tv.V•., ,,: ,..,..,-4...81: li,:31Iii.;%4'''.41.4‘,.:..•'-.A '7;447#41.41-litNA"::.!. 1,•'7'.4,.!-'::::Al'"1;.:Te0;-",'ll'r,;.'„',':‘-....'',.;•r.'4..:'.:::,'.'7:';:3-N.,,,:--ii. , 0 ...::.::,.:,,,,•?...-qe'::.`.....!`:;:7--,:'24.,...Z.1 :*,ll','7::1,,,:::.::::,4-,4:14,4:::,..„-14..-tr' , ‘ ftw! ,*:l:‘*,:',.,,::.,t.,,e,:7,.;,li.,:,%..:::,,J..'-;.:'.,,i.'..:'.,-.:.-'-.. :i.,,,:..,, ,,,,i:-.-.:.f..-::, .;:..., -‘,,:f,..,,,,..,..4‘.:2,1(N.i.7..,-*,.4.,.:::t.„,.:::::„.:::::-:tvi#.*,4•••1:4'.1:-.;::!4:.;..4"'"'7',.c•i.:'',-:':' :Ae:-. ....,',,::.;',..7,,:izi.,:::,..A.,.•,:..-, t:,. .:,,..„-„,•:,‘,,„,.,•..w.,!•,,,-.:.'!,,:-=.„,,,,:eit. :,,.. .,- :),,,t,:,,-::A 1,,- '•-:,-.:.'.......,---.F..sw s.:,,- -ts"..:0,..4k,:,:..,... .4...Li,.,,,,:::,.,-,..;,4.,,.-::,.. : ..s:.;,,,;<:t .. ,..„1,.,,,,%..:Itt.,..,..-. -:•1`.4:,7:',:;::,:it:X:,....i.,:t3,,.Iv,4«,."‘.-i1„;,4. vii.,.:,,,-.c,,,,:: 4.-.::. --,,fe..;,:,..04,, :',.' .1 ' it \ 'j.,..;.!.-,,''''•'.:ti,`.<.7;i.:. '''*;,: t.t.. •;.','-,!,"'"4:h1,1'.'''e:1'..il.: . .: ':4.P.V*1::, .1/4t,:.-,'i:'( ..,....., '.ti...-.,,...,....?,,,'•....-...;,,,,t., :, , ,-.. .. . .. :.,,,olt t•.:4'', .., •--'• ' ' ,V....«'''','14,..."---.,ie.,,'W,t't.‘",iti*.1141 i:'. - 11 rti - •- Aerial of same parcel .., ,.4. „, .., 14 EXHIBIT"C" An inventory of the electric railroad system owned by the City of Yakima As of June 2,2013,compiled by Kenneth G. Johnsen. Items located on City property which are on loan to the City or trolley organization and are not owned by the City,are not included in this list I. Approximately 5 miles of standard gauge track located in the YVT yard,on Pine Street,on North 6th Avenue, in Selab Gap and in Selab. 2, Approximately 5 miles of copper overhead contact wire above the track. 3. Locomotives,trolley cars and freight cars A. Master Unit#21, Brill, 1930 B. Master Unit#22, Brill, 1930 C. Oporto 41.776, STCP, 1928 D. Oporto#1976, STCP, 1928 E. Freight Motor#298, General Electric, 1922 F. Line Car+IA, Niles Car Company, 1910 G. Tank Car UT. #68130, 1958 H. Flatcar YVT#1014, 1928 I. Flatcar YVT#1015, 1928 4. Three four-wheel track push cars 5. Motor Vehicles A. Chevrolet YVT#A-6, 1968 B. International Harvester YVT#A-7, 1956 C. Chevrolet van#Yakima interurban Trolley Lines 6. Track materials in YVT yard A. Approximately 300 railroad ties B. Approximately 65 33-foot lengths of 60#rail C. Switch points and frogs for approximately 12 turnout switches. D. 9 railroad crossing sign posts E. 20 pallets of tie plates(mostly 60#rail,some 90#rail) F. 9 pallets of fish plates(mostly 60#rail,some 90#rail) G. 7 pallets of other miscellaneous track parts H. 2 Nelson in-street switch machines I. 13 standard YVT switch machines J. 3 barrels of railroad spikes K. I barrel of track bolts L. 2 pair truck hyrail wheels (enough for one truck) 15 Inventory, Page 2 M. 2 couplers and other miscellaneous railcar parts N. 5 5000-foot spools of guy wire O. 3 3000-foot spools of aluminum feeder wire(damaged by vandals) P. 6 spools messenger wire 7. Carbarn main room A. Motor/generator set#3 B. Two wheel grinder C. Belt drive machine shop equipment 1. General Electric motor 2. Hallidie Machinery Company lathe 3. National Machinery Company milling machine 4. Hallidie Machinery Company milling machine 5. Cincinnati Shaper Company 20-inch shaper D. Press E. 5 spare trolley poles with hams and wheels F. 57 mast arm assemblies 8. Carbarn forge room A. Blacksmith's forge and hood B. Assorted blacksmith's tools C. P&H arc welder on highway wheels 9. Carbam Office A. Desk B. Table and 10 folding chairs C. Air conditioner 10. Carbam tool room A. Assorted hand tools(thins,wrenches,hammers,screw drivers, saws,etc.) B. Assorted spare parts for trolleys C. Assorted spare parts for overhead wire D. Assailed railroad crossing signs 11. Carbam sand room A. Assorted outdoor tools (shovels,rakes,picks,bars, brooms,etc.) B. 6 track jacks C. Gas powered rail saw D. Rail drill E. Assorted road work signs F. 3 large cones G. Miscellaneous other materials and parts 16 Inventory,page 3 12. Powerhouse main room A. Motor/generator#1 B. Motor/generator#2, C. Switching equipment for motor/generators#1 and#2 I). Rectifier#1 E. Rectifier#2 F. ^Rectifier#3 G. Dynamic brake unit#3 H. Automatic voltage sensing unit I. Cabinet with spare parts for rectifiers YVT McKee waiting station K. 2 donation boxes L. 2 rows of five theater seats M. Televison and VCR on portable dolly. N. Bathroom with toilet, 1911 sink and intim;water heater. 13. Powerhouse gift shop Ail items,display cases and cash register are Yakima Valley Trolleys property 14. Powerhouse vault Storage for Yakima Valley'trolleys' records and proprietary items. 15. Powerhouse office A. Desk and chair B. Typewriter C. Adding machine D. Mimeograph machine E. 4 file cabinets F. Air conditioner y T Pi-to 16. Fuel shed A. Assorted lubricants for trolleys B. Assorted paints C. Electric gasoline pump o.