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Home My WebLink About05/01/2012 09 Bus Stop Shelters Donation from Yakima Southwest Rotary Club N i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. � ( For Meeting of: May 1, 2012 ITEM TITLE: Resolution authorizing the City Manager to execute an instrument accepting installation and donation of bus stop shelters, donated by Yakima Southwest Rotary Club SUBMITTED BY: Chris Waarvick, Public Works Director, 576 -6411 CONTACT Ken Mehin, Transit Manager, 576 -6415 PERSON/TELEPHONE: SUMMARY EXPLANATION: Yakima Transit provides fixed -route bus service throughout the City of Yakima. Yakima Transit has been seeking funding to purchase and install passenger shelters at several locations throughout the City. With limited funding at the state and federal levels, Yakima Transit has not been able to obtain funding for passenger shelters. Two of those sites are located along 6th Street between Yakima Ave. and A St. (Suntowers) and Yakima Avenue between 8th Ave. & 9th Ave. (YWCA). Both of these sites were chosen for future shelter placement as a result of public demand. The Yakima Southwest Rotary Club became aware of the need at both of these locations and have volunteered to install the passenger shelters at no cost to the City of Yakima. The value of this donation to the City is in excess of $15,000. Other Instrument of Resolution X Ordinance Installation and (specify) Dedication Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Yakima Southwest Rotary Club Phone: Source: APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Adopt the resolution. BOARDICOMMISSION RECOMMENDATION: ATTACHMENTS: Click to download RESOLUTION.Bus.Shelters.ROTARY.ApriI.20.201 2 LI agreement re bus shelters Shelter Photos • RESOLUTION NO. R -2012- A RESOLUTION authorizing the City Manager to execute an instrument accepting installation and donation of bus stop shelters, donated by Yakima Southwest Rotary Club. WHEREAS, Yakima Southwest Rotary Club desires to install and donate to the City of Yakima ( "City ") two Bus Stop Shelters, to be located upon public rights of way approved by the City, all to promote the public welfare and to facilitate use and access to the City's public transportation system; and WHEREAS, the City Council recognizes the generosity of the Yakima Southwest Rotary Club and its members, and expresses its appreciation for the donation of the shelters; and WHEREAS, the City Council receives the donation of the bus stop shelters, which will promote public access and use of the City's public transportation system, and finds and determines that approval of the donation is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager is hereby authorized to execute the instrument entitled "Installation and Dedication of Bus Shelters to City of Yakima by Yakima Southwest Rotary Club," a copy of which is attached hereto and by reference made a part hereof. 2. This Resolution shall be effective upon approval and execution as required by law. ADOPTED BY THE CITY COUNCIL this 1 day of May, 2012. ATTEST: Micah Cawley, Mayor City Clerk INSTALLATION AND DEDICATION OF BUS SHELTERS TO CITY OF YAKIMA By YAKIMA SOUTHWEST ROTARY CLUB Yakima Southwest Rotary Club, by signature below, hereby gives, donates and dedicates to the City of Yakima two Bus Stop Shelters, to be used, owned and maintained by the City of Yakima, all as set forth below. I. Recitals A. Yakima Southwest Rotary Club, hereafter "Rotary Club," is a nonprofit service organization duly organized and existing under the laws of the State of Washington, with mailing address at P.O. Box 1624. Yakima, Washington 98907 -1624. B. City of Yakima, hereafter called "City," is a municipal corporation of the State of • Washington, with City Hall located at 129 North 2nd Street, Yakima, Washington 98901. C. In the furtherance of its mission to promote the general welfare of the community, Rotary Club, by and through Tri -Ply Construction, LLC, desires to install two Bus Stop Shelters within and upon City right -of way to facilitate public access and use of the City's public transportation system. Upon installation of such shelters, Rotary Club further desires to give, donate and dedicate such shelters to the City, which will assume sole ownership, Maintenance and control of the shelters. D. City desires to accept such installation and donation of the Bus Stop Shelters. WHEREFORE, in consideration of the donation of such installation and dedication of such shelters, the parties agree as follows: 1. Installation of Bus Stop Shelters. Rotary Club, by and through the donated services and materials of its members and Tri -Ply Construction, LLC, will construct and install two Bus Stop Shelters within and upon public right -of -way in order to facilitate public access and use of the City's public transportation system. The location for placement of each shelter has been designated and approved by the City as follows: (a) one shelter to be located within the right of way of North 6 Street on the west side of the street adjacent to the Sun Tower of Yakima facility; and (b) one shelter within the right of way of West Yakima Avenue, on the south side of the street approximately one - half block west of the intersection of South 8 Avenue and West Yakima Avenue. 2. Donation of Bus Stop Shelters. The parties agree and understand that the value of such structures, together with all labor and materials for the construction and installation 1 thereof, is $15,000.00. Upon completion of installation, Rotary Club hereby gives, grants, conveys and donates the construction, installation and completed shelters to the City, for public purposes, including but not limited to use by the City to facilitate public services through its public transportation system. 3. Ownership of Bus Stop Shelters. Upon completion of installation, such Bus Stop Shelters shall become, and be deemed, the sole property of the City, and shall be owned, operated and maintained by the City. City reserves the right to use, maintain, relocate, remove, or further convey such shelters in any manner deemed appropriate by the City in its sole discretion. 4. No Further Obligation of Rotary Club. Upon completion of installation by Rotary Club, and assumption of ownership by City, Rotary Club, together with its contractors, members, volunteers and insurers, shall have no further right, title, interest or claim to the Bus Stop Shelters, and shall have no obligation or liability to maintain such Bus Stop Shelters. 5. Donative Intent. The parties agree and understand that the construction, installation and conveyance of the Bus Stop Shelters, together with all costs of construction, installation and conveyance, are all donated by Rotary Club to promote the public welfare, and are likewise received by the City from Rotary Club as a gift and donation to promote the public health, safety and welfare. WHEREFORE, this instrument of installation and dedication is executed and effective this day of May, 2012, CITY OF YAKIMA YAKIMA SOUTHWEST ROTARY CLUB Michael A. 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