HomeMy WebLinkAboutHansen Fruit - Hansen Fruit Agreement re Russell Lane WastewaterCITY OF YAKIMA
WASTEWATER DIVISION
2220 East Viola
Yakima, Washington 98901
Phone: 575 -6077 • Fax (509) 575 -6116
CITY OF YAKIMA AND HANSEN FRUIT AGREEMENT
THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City "),
whose address is 129 North Second Street, Yakima, Washington 98901 and Hansen Fruit
(hereinafter "Hansen "), whose address is 10 East Mead Avenue, Yakima, Washington 98903.
1. Purpose. The purpose of this Agreement is to define the obligations of the City and
Hansen concerning the wastewater facilities on Russell Lane.
2. Consideration. The mutual promises and covenants set forth in this Agreement, and the
mutual benefits conferred by the City and Hansen, constitute consideration between the parties.
3. Obligations of the Parties.
A. Hansen shall:
a) Donate a lockable, hinged manhole to the City, as approved by the City, for
installation on City property on Russell Lane.
b) Install, own and maintain a wastewater discharge meter with above - ground
display in the manhole on Russell Lane that is pre- approved by the City prior to
installation.
c) Contact City Utility Services regarding the location of the above - ground display;
the meter shall be located in the manhole as high as possible above the sewer
pipe channel; the meter shall be water -proof and corrosion- proof.
d) Conduct maintenance in accord with the manufacturer and maintain periodic
reporting of its condition to the City.
e) Remove the wastewater discharge meter, if necessary, prior to the once a year
pipe cleaning by the City and replace it after the cleaning.
f) Provide notice to the City prior to accessing the manhole for maintenance of
the wastewater discharge meter.
g) Conduct all maintenance in accord with all applicable laws, ordinances and
regulations for traffic and workplace safety when accessing the City's manhole.
B. The City shall:.
a) Accept the donation of the manhole provided by Hansen, as approved by the
City, for installation on City property on Russell Lane.
b) Grant permission to Hansen for access to the manhole for the purpose of
locating and maintaining the wastewater discharge meter.
c) Maintain the manhole.
City of Yakima and
Hansen Fruit Agreement
Yakima
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1994
4. Administration. This Agreement shall be administered by the City's Wastewater Division
Manager and Hansen's Plant Manager,
5. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and
Hansen. It shall confer no benefits or rights, direct or indirect, on any third parties. No person
or entity other than the City and Hansen may rely upon or enforce any provision of this
Agreement.
6. Indemnification and Hold Harmless. Each party hereto agrees to be responsible and
assume liability in the performance of this Agreement for its own wrongful and /or negligent acts
or omissions, and those of its officers, elected and appointed officials, agents, employees or
volunteers to the fullest extent allowed by law.
7. Integration. This Agreement contains all of the terms and conditions agreed on by the
parties. 'No other understandings, oral or otherwise, regarding the subject matter of this
Agreement, are deemed to exist or to bind either of the parties.
8. (Modifications. The parties may modify this Agreement but no proposed changes or
modifications shall have validity or become binding on either party unless such changes or
modifications are in writing and executed by both parties.
9. Severability.
a) If a court of competent jurisdiction holds any part, term or provision of this
Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall not
be affected, and the parties' rights and obligations shall be construed and enforced as if the
Agreement did not contain the particular provision held invalid.
b) If any provision of this Agreement is. in direct conflict With any statutory provision
of the State of Washington, that provision which may conflict shall be deemed inoperative and
null and void insofar as it may conflict, and shall be deemed modified to conform to such
statutory provision.
10. Certain Prohibited Acts. Hansen shall not, without the prior written consent of the City,
do or permit its agents, employees or invitees, to do any of the following:
a) Make any alterations, improvements or additions to the wastewater meter except
as permitted and provided in this Agreement;
b) Obstruct any access to the wastewater meter or cause any interference with it.
11. Waiver. The waiver by either party of any term or condition of this Agreement shall not
operate in any way as a waiver of any other condition, obligation or term or prevent either party
from enforcing such provision.
12. Dispute Resolution. The parties shall strive to resolve any dispute through negotiation in
good faith. They may agree to mediation or another form of dispute, resolution but only where
they do so in writing.
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Hansen Fruit Agreement
13. Termination. The. parties may terminate this Agreement, with or without cause, by
written notice from either party to the other party thirty (30) days in advance of the termination.
14. Survival. Any provision of this Agreement which imposes an obligation after expiration
or termination of this Agreement shall survive the expiration or termination and shall bind the
parties.
15. Notices. Unless otherwise stated herein, all notices and demands are required in written
form and. sent to the parties at their addresses as follows:
TO CITY OF YAKIMA:
R. A. Zais, Jr., City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO HANSEN FRUIT:
Curt McDonald, Plant Manager
P.O. Box 9755
Yakima, WA 98909
14. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. Venue for any civil action pursuant to the
Agreement shall be in Yakima County Superior Court.
15. Compliance with Law. All Parties to this Agreement shall comply with all applicable
federal, state and local laws, rules and regulations in carrying out the terms and conditions of
this Agreement.
CITY OF YAKIMA
By:
Dave 4efl,
Assistant City Manager
Date:
ATTEST:
HANSEN FRUIT
By
Curt McDonald,
Hansen Plant Manager
Date: /D
City of Yakima and
Hansen Fruit Agreement
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