HomeMy WebLinkAboutR-2013-125 Wastewater Treatment Facility Use Agreement with Yakima Valley Visitor and Convention Bureau; Pirate Plunder AdventureA RESOLUTION
RESOLUTION NO. R-2013-125
authorizing the City Manager's execution of a license agreement
between the Yakima Valley Visitors and Convention Bureau
(YVVCB) and City of Yakima to allow the YCCVB to improve and
use a portion of the City owned Waste Water Treatment Facility for
the Pirate Plunder Adventure Race.
WHEREAS, the Sports Commission has a stated mission to stimulate economic
development by marketing the Yakima Valley for sporting events and groups; and
WHEREAS, the Sports Commission continually searches for new events to bring
to the area to promote physical fitness, sportsmanship, and family fun in the Yakima
Valley while taking advantage of Yakima's sports, recreation and tourism economies; and
WHEREAS, the community benefits economically and culturally from the operation
of a sporting event with regional attraction at the said location; and
WHEREAS, the Sports Commission desires a license to develop a site located
within and upon property owned by the City and adjacent to City's Waste Water Treatment
Plant (WWTP) facilities, in order to promote and conduct an adventure racing event for
participants 15 -years of age and older at the said location; and
WHEREAS, the City is willing to grant a license to Sports Commission to develop
a Pirate's Plunder Adventure Race course, and to conduct and host Pirate's Plunder
Adventure Race events annually, typically in October, and to conduct set-up and
restoration activities on dates preceding and following each annual event, at said location,
in accordance with the terms and conditions of the Agreement;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The License Agreement with Yakima Valley Visitors and Convention Bureau, a
copy of such Agreement with an appended photo is attached hereto and by reference
incorporated herein, is hereby approved and the City Manger is hereby authorized to
execute and administer such License Agreement.
ADOPTED BY THE CITY COUNCIL this 1st day of October 2013
Micah Cawley,�Mayor
LICENSE AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND YAKIMA VALLEY VISITORS AND CONVENTION BUREAU
(Yakima Valley Sports Commission — Pirate's Plunder Adventure Race Course and
Events)
THIS LICENSE AGREEMENT (hereinafter "Agreement") is made and entered into by
and between the City of Yakima, a Washington municipal corporation (hereafter the "City"), and
the Yakima Valley Visitors and Convention Bureau, a non-profit corporation of the State of
Washington. Yakima Valley Visitors and Convention Bureau operates a division known as the
Yakima Valley Sports Commission. Yakima Valley Visitors and Convention Bureau and Yakima
Valley Sports Commission are hereafter collectively referred to as "Sports Commission".
WHEREAS, the Sports Commission has a stated mission to stimulate economic
development by marketing the Yakima Valley for sporting events and groups; and
WHEREAS, the Sports Commission continually searches for new events to bring to the
area to promote physical fitness, sportsmanship, and family fun in the Yakima Valley while
taking advantage of Yakima's sports, recreation and tourism economies; and
WHEREAS, the community benefits economically and culturally from the operation of a
sporting event with regional attraction at the said location; and
WHEREAS, the Sports Commission desires a license to develop a site located within
and upon property owned by the City and adjacent to City's Waste Water Treatment Plant
(WWTP) facilities, in order to promote and conduct an adventure racing event for participants
15 -years of age and older at the said location; and
WHEREAS, the City is willing to grant a license to Sports Commission to develop a
Pirate's Plunder Adventure Race course, and to conduct and host Pirate's Plunder Adventure
Race events annually, typically in October, and to conduct set-up and restoration activities on
dates preceding and following each annual event, at said location, in accordance with the terms
and conditions of the 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 Sports Commission as
follows:
Section 1. License to Use Property and Conduct Pirate Plunder Adventure
Race Events — Exclusive Licensed Location — Limitation.
A. License and Location. In consideration of the economic,
educational, recreational and cultural benefits that are provided to the Yakima
community by the operation of family-oriented adventure racing event known as "Pirate's
Plunder Adventure Race" (hereafter "Pirate's Plunder Event") held within the city limits of
Yakima, the City grants Sports Commission a license to develop and maintain a course
for, and operate Pirate's Plunder Events on, the following described parcels (hereafter
"Licensed Property"):
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Yakima County Assessor's Parcel No.191329-44003 (Abbreviated Legal
Description):
Section 29 Township 13 Range 19 Quarter SE: SE1/4 SE1/4 SEC 29
ALSO NE1/4 NE1/4 SEC 32 ALSO TH PTN NW1/4 NW1/4 SEC 33 AND
W1/2 SW1/4 SEC 28 LY W'Y W BANK YAKIMA RIVER AND S'LYEX CO
RD R/W AL N SIDE SE1/4 SE1/4 AND EX STATE HIWAY ON E SIDE,
AND EX TH PTN LY N'Y OF S'LY LN OF PARCEL OF LAND 40 FT IN
WIDTH BEING 20 FT EACH SIDE FOL DESC CENLN: BEG 20 FT STH
S 42^ 41' 21" E 681 FT M/L TO W BANK YAKIMA RIVER AND EX TH
PTN LY WITHIN 200 FT ORD HIGH WATER MARK OF YAKIMA RIVER.
Yakima County Assessor's Parcel No.191328-32005 (Abbreviated Legal
Description):
Section 29 Township 13 Range 19 Quarter SE: TH PTN W1/2 SW1/4LY
WLY W BANK YAKIMA RIVER, AND S'LY STATE HIWAY NO. 11A AND
N'LY S LN OF PARCEL OF LAND 40 FT IN WIDTH BEING 2DESC
CENLN: BEG 20 FT S NW COR SW1/4 SW1/4, TH S 42^ 41' 21" E 681
FT M/L TO W BANK YAKIMA RIVER ALSO TH PTN W1/2 SW1/4 SEC
28 AND SE1/4 SE1/4 SEC 29 AND NE1/4 NE1/4 SEC 32 AND
NWIWITHIN 200 FT ORD HIGH WATER MARK OF YAKIMA RIVER.
Yakima County Assessor's Parcel No.191332-14001 (Abbreviated Legal
Description):
Section 32 Township 13 Range 19 Quarter NE: SE1/4 NE1/4 EX S 30 FT
OF SE1/4 NE1/4 & N 100 FT OF S130 FT OF E 300 FT OF W 330 FT EX
EASEMENT TO U.S. AND EX ST.HIWAY RW
All situated in Yakima County, Washington.
The license described above is exclusive to Sports Commission for the development,
use and maintenance of the Licensed Property, and for the conducting of Pirate's
Plunder Events during the term of this Agreement. This exclusive license is necessary
and appropriate to facilitate development of the property as an adventure race course, to
protect such course improvements and property, and to protect and preserve the City's
WWTP operations and facilities.
B. Limitation of License. Notwithstanding the license issued herein,
such license is subject to the right of the City to fully use and develop the Licensed
Property, in whole or in part, for its public purposes, including but not limited to its rights,
powers and authority to use and develop such property for waste water treatment
services. All activities of City and Sports Commission authorized and licensed pursuant
to this Agreement shall be permissible so long as they are in compliance with applicable
regulations, standards, laws and permits governing the City's waste water treatment
facilities and services. In the event of any conflict between the activities and uses
authorized by this Agreement and the duties imposed by regulations, standards, laws
and permits governing the City's waste water treatment facilities and services, the latter
shall control.
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Section 2. Term. The term of this Agreement shall be ten (10) years commencing
upon full execution by the parties, and shall terminate at midnight December 31, 2023,
unless sooner terminated by either party in accordance with Section 20 of this
Agreement. The term of Agreement shall specifically include the Pirate's Plunder Event
currently scheduled to occur in October 2013.
Section 3. Event Planning and Approval — Special Events. Each Pirate's Plunder
Event conducted pursuant to this License shall be deemed a "special event" pursuant to
YMC 9.70.020(c). Each Pirate's Plunder Event conducted during the term of this
Agreement will require a separate special event permit in accordance with the provisions
of Chapter 9.70 YMC. Sports Commission shall obtain and maintain in good standing a
special event license pursuant to Chapter 9.70 YMC for each Pirate's Plunder Event or
any other special event held on the Licensed Property, and shall submit an application
for such permit in accordance with the provisions of YMC 9.70.090 and other applicable
sections.
Section 4. Waiver of License Fee for Use of Licensed Property. In lieu of
payment of license fees for use of the Licensed Property, Sports Commission shall
develop, construct and maintain the course improvements described below on the
Licensed Property, which City acknowledges as good and sufficient value and
consideration supporting such waiver of the fee for license issued pursuant to this
Agreement Notwithstanding the above waiver of license fee for use of the Licensed
Property, Sports Commission shall be subject to the applicable special event permit fees
and requirements for each special event conducted upon the Licensed Property in
accordance with Section 3 above.
Section 5. Design, Funding and Construction of Improvements.
I. Obligations of Sports Commission. Sports Commission shall design
course improvements, including but not limited to, location of race obstacles, types of
obstacles, race paths and routes, location and types of grandstands and spectator
viewing areas, concession stands, restroom facilities, emergency access corridors,
water and electrical utility lines, poles and infrastructure. All designs, plans and
proposed facilities and utilities, together with proposed location of all such elements, are
subject to prior review and approval of the City.
In accordance with the provisions and procedures below, Sports Commission may
propose and construct course improvements, and improvements to existing fixtures and
systems such as gates, paths, and irrigation, within the Licensed Property at any time or
times throughout the year as approved by the City. Upon approval of such proposed
improvements, Sports Commission shall be authorized to construct such improvements
in accordance with a construction schedule approved by the City.
Notwithstanding the delegation of responsibilities regarding funding stated below, the
parties may jointly and separately seek and obtain grant funds and donations to
accomplish the construction of improvements, or to assist in the construction of such
improvements, within the Licensed Property. The parties will cooperate regarding
submission of applications for applicable grant funds.
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A. Funding of Course Improvements: Sports Commission shall
be solely responsible for funding of all elements of the design, construction and
maintenance of course improvements. The nature of this expenditure shall
include, but is not limited to, the following: site preparation, provision of materials
and labor for construction of the course improvements, as well as fees for any
necessary architectural and engineering design services.
B. Design of Facility. Sports Commission shall be responsible for
the design of course improvements and pay all costs of engineers, surveyors and
architects engaged by Sports Commission for such purpose. The parties will
cooperate in the planning, design, scheduling of construction and location of the
Facility. All designs and construction plans for the course improvements are
subject to prior review and approval by City, and City shall have final authority
regarding approval of design and location of the course improvements within the
Licensed Property. Course may need to be revised or altered from time to time
to accommodate operational needs of the Wastewater Division. In the event of
such revision or alteration, the parties will cooperate regarding design, location
and construction of such revisions or alterations, and Sports Commission will
relocate, revise or alter the course improvements in accordance with an agreed
schedule or as otherwise directed by City.
C. Obtain Permits and Approvals. Sports Commission shall
obtain all necessary permits from City and other agencies with jurisdiction for the
design and construction of the course improvements, which permits may include
and require a dust abatement plan and permit from the local clean air authority
for the construction of the improvement(s).
D. Construction of Improvements. Sports Commission shall be
responsible for construction of the course improvements in accordance with a
construction plan and timeline approved by City. Sports Commission shall be
responsible for construction management, including necessary inspections, and
may contract with licensed contractors for the performance of the construction
and/or construction management. Sports Commission may also engage the
services of qualified volunteers to perform such construction work, at its
discretion. Sports Commission shall be allowed to store tools used by Sports
Commission in the construction of improvements at a location approved by City.
City not responsible for lost or stolen items.
E. City Inspections of Work. Sports Commission shall permit City
inspectors on the construction site at all times, and shall provide City with
inspection reports required pursuant to applicable City codes and procedures.
Sports Commission shall also allow all inspectors of agencies with jurisdiction,
including but not limited to the City, free access to the construction site and
construction files as required by laws and procedures of such agencies.
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F. Final Completion and Acceptance. Upon final completion of the
construction, Sports Commission shall render the Licensed Property free and
clear of all liens and encumbrances, including but not limited to, contractors' liens
and liens for materials used or to be used in construction. Completed
improvements shall be allowed to remain where installed year round, subject to
City's approval. As set forth in subsection B above, course improvements may
need to be amended from time to time to accommodate operational needs of the
Wastewater Division. The provisions of such subsection B shall apply to any
revision or alteration to course improvements deemed necessary by City.
G. Costs of Design and Construction. Sports Commission shall be
responsible for payment of all costs of design and construction of the Facility.
H. Safety of Construction Activities. Sports Commission shall be
responsible to assure that all construction activities are conducted in compliance
with applicable safety standards, including but not limited to appropriate security
measures to safeguard the site during non -construction hours. Sports
Commission shall submit a Safety Plan to the City for approval prior to
commencement of construction.
Ownership of Improvements. Except for installed irrigation
pipelines, sprinklers, irrigation system infrastructure and utility pipelines and
services installed within and upon the Licensed Property, Sports Commission
shall at all times during the performance of this Agreement and afterwards be
deemed the owner of the course improvement structures within and upon the
Licensed Property as constructed and affixed to the property or affixed within
course improvements during construction. Prior to attachment to or incorporation
within the course improvements during construction, all materials on site shall be
deemed owned by Sports Commission.
II. Obligations of City. City shall perform the following:
A, Planning and Design of Facility. City shall assist in the
planning and design of proposed improvements to the Licensed Property, and
will work with Sports Commission regarding construction timeline and
coordination with any other construction activity within and upon the Licensed
Property.
B. Review and Approval of Plans. City will review all plans for
the course improvements, including design, for compliance with applicable law
and codes. All plans and permits are subject to final approval by City.
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C. Scheduling of Events. City will cooperate with Sports
Commission regarding:
1. Scheduling of necessary and appropriate meetings,
including pre -plan meetings, necessary or appropriate to review plans for
improvements, construction progress and final acceptance;
2. Scheduling of construction and maintenance activities on
the Licensed Property; and
3. Scheduling of Pirate Plunder Events and related events,
together with clean-up and tear -down following such events.
D. Ownership of Licensed Property. City shall at all times
during the performance of this Agreement and afterwards be deemed the owner
of the Licensed Property. Such ownership shall attach to all utility infrastructure
such as irrigation system, water lines, sewer lines and power lines installed within
the Licensed Property. Prior to attachment to or incorporation within the course
improvements during construction, all materials on site shall be deemed owned
by Sports Commission.
E. Grants for Improvements. City and Sports Commission shall
cooperate to secure grants and grant funding for improvements to the Licensed
Property.
Section 6. Operation and Maintenance.
I. Obligations of Sports Commission. Sports Commission is authorized
and permitted under the terms of this Agreement to enter upon and construct
improvements to the Licensed Property necessary or appropriate to conduct Pirate's
Plunder Events and related activities. Sports Commission is authorized to enter upon
the Licensed Property to maintain the Licensed Property and constructed improvements,
and is further authorized to conduct Pirate's Plunder Events within and upon the
Licensed Property as described in this Agreement. This license and permission includes
the following: Sports Commission shall adhere to all safety and check in/out policies and
procedures established by the Wastewater Division.
A. Maintenance and Security. Except as specifically listed as
City's obligations below, Sports Commission shall maintain the Licensed
Property, and the improvements thereon, in good condition. This duty includes
the duty to make repairs to the constructed improvements as necessary or
appropriate to render improvements and event obstacle courses safe for their
intended use. Sports Commission shall secure the Licensed Property or course
improvements against unpermitted entry and use when not in use, as approved
by City.
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B. Utilities. Sports Commission shall install or make provision for
utility services, including water, power and sanitation facilities, necessary or
appropriate to perform construction and maintenance, and to conduct Pirate's
Plunder Events and clean-up.
C. Promotion of Events. Sports Commission will use best available
means to market and promote Pirate's Plunder Events upon the Licensed
Property, and to thereby promote participation in the events and attraction of
visitors to the Yakima community. The City will be shown and designated as an
event sponsor and major supporting agency in such events, and the City logo will
be shown on event advertising, brochures, entry forms, signage, and web sites
promoting such events.
D. Conduct of Events. Pirate's Plunder Events and any other event
conducted by Sports Commission upon the Licensed Property shall be
conducted in accordance with the provisions of the special events permit issued
by the City.
E. Clean-up After Events. Sports Commission will be
responsible for clean-up of the Licensed Property following Pirate's Plunder
Events and any other event conducted by Sports Commission upon the Licensed
Property in accordance with plans approved pursuant to the applicable special
events permit.
II. Obligations of City. The City will provide the following:
A. Provision of Water and Equipment. City will provide water
to Sports Commission in such amount necessary for Sports Commission to
perform its obligations under this Agreement. City will allow Sports Commission
the use of a WWTP water truck for such purposes during such times the water
truck is available and not in use by City. City will allow Sports Commission to use
the WWTP water filling station facilities at such times that the station is not in use
by City. Water provided through the WWTP water filling station is reclaimed and
treated wastewater and is not suitable for use as potable water for domestic
purposes. Use of such water is limited for dust abatement purposes or other
uses specifically authorized by City.
Potable water suitable for domestic use is available. City reserves the right to
require Sports Commission to meter such water usage in accordance with City's
applicable procedures and code provisions.
Hourly rate for use of water truck or other equipment shall be assessed to Sports
Commission by the City.
B. Miscellaneous City Equipment. Sports Commission may
request use of other available City equipment to perform construction and/or
maintenance services under this Agreement.
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C. Irrigation and Mowing. City will provide mowing of the
Licensed Property in accordance with its established procedures and service
intervals. City will provide irrigation through its established irrigation system.
The parties will cooperate regarding design, funding, construction, operation and
maintenance of any extension to such irrigation system.
D. Entry — Gates — Licensed Premises. City will provide keys to Sports
Commission for any gates serving as entry points to the Licensed Property, together with
keys to any storage sheds or areas designated for storage of Sports Commission tools
or property. Keys for such facilities and gates will be returned to the City upon
termination of this Agreement. City reserves the right to control times and points of
access and entry to the Licensed Property. Sports Commission shall adhere to all
safety and check in/out policy and procedures established by the Wastewater Division.
Section 7. Independent Contractor Status of Sports Commission. Sports
Commission and the City understand and expressly agree that Sports Commission is an
independent contractor in the performance of each and every part of this Agreement.
The Yakima Valley Sports Commission, as an independent contractor, assumes the
entire responsibility for carrying out and accomplishing the services required under this
Agreement. Additionally, as an independent contractor Sports Commission and its
directors, officials, agents, members, employees and volunteers shall make no claim of
city employment nor any claim against the City for 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 Sports
Commission or any director, official, officer, agent, member, employee or volunteer of
Sports Commission and the City.
Section 8. Establishment and Maintenance of Records. Sports Commission shall
maintain accounts and records, including personnel, property, financial, and program
records, and such other records as the City may deem necessary, including a system of
internal controls and accounting systems which conform to generally accepted
accounting principles and auditing standards. All such records and documents shall be
retained by Sports Commission and be available for inspection, audit and copying by the
city during the term of this Agreement and for a period of three (3) years following the
termination of this Agreement.
Section 9. Taxes and Assessments. The Sports Commission shall be solely
responsible for compensating its directors, officials, officers, agents, members and
employees and for paying all 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 a result of this Agreement. In the event
the City is assess a tax or assessment as a result of this Agreement, the Sports
Commission shall pay the same before it becomes due.
Section 10. Nondiscrimination Provision. During the performance of this
Agreement, the Sports Commission 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,
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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 Agreement.
Section 11. The Americans with Disabilities Act. The Americans with Disabilities
Act of 1990, 42 U.S.C. 12101 et seq. ("ADA") does not require trails or facilities designed
for specialized activities such as mountain biking and obstacle courses to be made
accessible, as alterations would change the nature of the program. (See, e.g , The ADA
Now, Quarterly Volume 1, Issue 3 (March 2013)) However, accessibility standards of
the ADA and Washington State's anti -discrimination law as contained in RCW Chapter
49.60 may require designation of appropriately marked handicapped parking spaces and
a navigable path to any spectator viewing areas. The Sports Commission agrees to
comply with applicable provisions of the Americans with Disabilities Act of 1990, 42
U.S.C. 12101 et seq. (ADA), and its implementing regulations, and Washington State's
anti -discrimination law as contained in RCW Chapter 49.60 and its implementing
regulations. City will cooperate with Sports Commission to achieve such compliance.
Section 12. Compliance with Law. The Sports Commission agrees to perform all
services under and pursuant to this 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.
Section 13. No Insurance provided by the City. It is understood the City does not
maintain liability insurance for the Sports Commission and/or its members, directors,
officials, officers, agents, member, employees and volunteers or their sub -contractors.
Section 14. Indemnification and Hold Harmless. The Sports Commission agrees to
protect, defend, indemnify, and hold harmless the City, its officers, 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 the Sports Commission, its directors,
officials, officers members, employees, agents and/or volunteers arising out of or in
connection with the performance or nonperformance of the service, duties, and
obligations required under this Agreement.
Section 15. Liability Insurance. Sports Commission shall provide the insurances
described and required by the applicable special events permit issued pursuant to
Chapter 9.70 YMC, together with a policy of general liability insurance in accordance
with the amounts and coverage provisions of Chapter 9.70 YMC, satisfactory to the City,
covering use of the Licensed Property by Sports Commission during the entire term of
this Agreement. In addition the Sports Commission shall also procure a participant's
accident policy for all such events with a per accident limit to be no less than $10,000.
Section 16. Alcoholic Beverages. In the event Sports Commission desires to serve
or provide for service of alcoholic beverages at any licensed event, Sports Commission
shall obtain any and all necessary liquor license(s) from the Washington State Liquor
Control Board and to comply with all conditions required by such permit(s). The
indemnification provisions of this License, together with the insurance requirements in
favor of the City, apply without limitation to all incidents, claims, damages, injuries,
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lawsuits and/or penalties arising out of service and/or consumption of alcohol by Sports
Commission and any participant in the licensed event, whether or not within the scope of
service and consumption authorized by any permit issued by the Washington State
Liquor Control Board.
Section 17. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by the Sports
Commission 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 the Sports Commission stated
herein.
Section 18. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall remain in
full force and effect.
Section 19. Non -Waiver. The waiver by the Sports Commission or the City of the
breach of any provision of this Agreement by the other party shall not operate or be
construed as a waiver of any subsequent breach by either party or prevent either party
thereafter enforcing any such provision.
Section 20. Termination — Effect. Either party may terminate this Agreement, with or
without cause, by giving the other party at least 270 calendar days' prior written notice of
termination. Upon termination of this Agreement for any reason, Sports Commission
shall remove all Sport's Commission's property, equipment, course improvements and
other items not deemed property of the City, from the Licensed Premises within 180
days of the effective date of termination.
Section 21. Survival. Any provision of this Agreement which imposes an obligation
after termination or expiration of this Agreement shall survive the term or expiration of
this Agreement and shall be binding on the parties to this Agreement.
Section 22. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent or hand delivered to the parties at their addresses as follows:
TO CITY
Director, Economic Development
City of Yakima
129 North Second Street
Yakima, WA 98901
TO YVSC Director of Sports
Yakima Valley Sports Commission
10 North 8th Street
Yakima, WA 98901
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.
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Section 23. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
Section 24. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
Section 25. Integration. This written document constitutes the entire agreement
between the City and the Sports Commission and supersedes any and all previous
written and/or oral agreements between the parties. There are no other oral or written
agreements between the parties as to the matters covered herein. No changes or
additions to this Agreement shall be valid or binding upon either party unless such
changes or addition be in writing and executed by both parties.
Section 25. Effective Date. This Agreement shall be effective as and from the
date signed by the last party to sign below.
CITY OF YAKIMA
YAKIMA VALLEY
VISITORS AND CONVENTION BUREAU,
(and Yakima Sports Commission)
e, City Manager Its: 7) i reC.fivr v-( 01/-5
Date: ikbLr' 2� ODe
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Date.'/2-Ce / 13
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CITY CONTRAcrN�o'^�/3 / • ,��'1� `„.=
RESOLUTION NO: i/.e 13—I 2„Ic—
11
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8
For Meeting of: 10/1/2013
ITEM TITLE: Resolution authorizing a ten year agreement with the Yakima
Valley Visitors & Convention Bureau to use the City's Wastewater
Facility for the Pirate Plunder Adventure Race
SUBMITTED BY: Sean Hawkins, Economic Development Manager, 575-6274
SUMMARY EXPLANATION:
This license agreement creates a ten year partnership between the City of Yakima and the Yakima
Valley Visitors and Convention Bureau to conduct the Pirates Plunder Adventure Race at the City of
Yakima Wastewater Treatment Plant facility. The agreement gives the YWCB the flexibility to plan for
future course additions while giving the City the ability to cancel the agreement if the course area is
needed for future waste water needs.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Economic Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
ATTACHMENTS:
Description
Upload Date
❑ Resolution for Pirates Plunder Adventure Race 9/25/2013
❑ License Agreement Pirate Plunder 9/23/2013
Type
Cover Memo
Cover Memo