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Home My WebLink AboutNob Hill Water Association - Revocable License Agreement : 1 REVOCABLE LICENSE AGREEMENT PARTIES: Nob Hill Water: Nob Hill Water Association City: City of Yakima, Washington, a municipal corporation SUBJECT PROPERTY: That portion of the City of Yakima's property formerly owned by the Yakima Valley Transportation Company, legally described as follows: An eight (8) foot wide strip of land, with the following described centerline, 118 feet East of the West edge of, and crossing generally north to south through a twenty (20) foot wide corridor of land formerly owned by the Yakima Valley Transportation Company (YVT) , and said twenty (20) foot wide corridor of land being more particularly described as follows: A 20 foot wide strip of land situated in the Northwest quarter of the Southeast quarter and the Northeast quarter of the Southwest quarter of Section 5, Township 12 North, Range 18 E.W.M., said strip of land being formerly owned by the Yakima Valley Transportation Co. (YVT), and said strip of land being described in that deed from Cyrus Walker et ux. to the Yakima Valley Transportation Co. recorded on November 5, 1909, in Book 96, Page 27, Records of Yakima County, Washington, and said 20 foot wide strip of land being more particularly described as 10 feet on each side of the following centerline: entering said premises at a point 387 feet East of the Northeast Corner of the Northeast quarter of the Southwest quarter of Section 5, Township 12 North, Range 18 E.W.M, running thence by a 10° 00' curve to the right which starts from a tangent whose course is South 71° 20' West 83.5 feet, thence by a Searles spiral of eleven 20 ft. chords to the right 220 feet, thence West 1,293.3 feet, thence by a Searles spiral of six 19 ft. chords to the left 114 feet, thence by a 6° 00' curve to the left 16.7 feet, thence by a Searles spiral of six 19 ft. chords to the left 73.9 feet, and leaving said premises at a point 51.5 feet South from the Northwest corner of the Northeast quarter of the Southwest quarter of Section 5, Township 12 North, Range 18 E.W.M. RECITALS: City owns fee interest in the above - described real property, formally owned by the Yakima Valley Transportation Company. Nob Hill Water wishes to construct a subsurface domestic water line crossing the twenty (20) foot wide strip of former YVT property, described above, to access and provide water delivery to the adjacent parcel of land. (ic)lic/Nob Hill Water Page -1 AGREEMENT: For and in consideration of the mutual promises and covenants contained herein, the City hereby grants to Nob Hill Water a revocable license to construct one subsurface domestic water line crossing the twenty (20) foot wide strip of former YVT property, described above, to access and provide water delivery to the adjacent parcel of land. This revocable license is subject to the following terms and conditions: 1. Termination: Notwithstanding any provision in this Agreement to the contrary, the City may terminate this license only for a public purpose by giving 90 days written notice to Nob Hill Water. 2. No Payment Required: This revocable license is granted to Nob Hill Water as an accommodation with no monetary consideration. Nob Hill Water's use of City property to provide water service to its adjacent property is deemed a reasonable use. 3. City Title: Nob Hill Water acknowledges the City's legal ownership and fee title to said real property described herein. Nob Hill Water expressly agrees to never deny City's right in ownership of said real property or to claim title in Nob Hill Water's name. Nob Hill Water further agrees that it does not and shall not at any time claim any interest or estate of any kind or extent whatsoever in the real property upon which Nob Hill Water constructs the subsurface domestic water line that is the subject of this revocable license, by virtue of the rights granted under this license agreement, Nob Hill Water's occupancy or use under this agreement, or any other basis. 4. Nob Hill Water's Improvements on City Property: Nob Hill Water, or its contractor, at its sole cost and expense, intends to construct a subsurface domestic water line in accordance with plans and specifications approved by the City. Nob Hill Water agrees to pay for all improvements incidental or necessary to construct said domestic water line, as well as any maintenance and repairs that may from time to time become necessary. Nob Hill Water acknowledges that legal title and ownership of any improvements and /or permanent structures erected upon City's real property shall vest and remain in the real property. Nob Hill Water further agrees that it shall not construct or maintain any other improvements on the City's above - described property. 5. Indemnification: Nob Hill Water shall protect, defend, indemnify and hold the City, and its elected and appointed officials, employees and agents, harmless from and against any and all claims, demands, losses, damages, liens, liabilities, penalties, fines, lawsuits, and other proceedings, and any costs and expenses associated with the same (including attorney's fees and disbursements, whether in litigation or not), which accrue to or are incurred by the City, or its elected or appointed officials, employees or agents, and which (jc)lic/Nob Hill Water Page -2 arise directly or indirectly from or out of, relate to, or in any way are connected with personal injuries, loss of life or property damage occurring because of the use, operation, or maintenance of the real property covered by this license agreement (to wit: the real property and associated domestic water line thereon which is subject to this license agreement) and any litigation, legal challenge or determination pertaining to the validity of this agreement. The provisions of this paragraph shall survive the termination of this agreement for any reason. 6. Parties Bound: Subject to the right of revocation as herein set forth, this agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors and assigns. 7. Integration: This writing constitutes the entire agreement of the parties and its execution is authorized by their respective governing bodies. 8. Notices: All notices required or permitted hereunder shall be in writing and shall be deemed to be delivered three (3) days after having been deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth below or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: City: City of Yakima 129 N. 2 Street Yakima, WA 98901 Attention: Tony O'Rourke City Manager Nob Hill Water: Nob Hill Water Association 6111 Tieton Dr. Yakima, WA 98908 9. Entire Agreement: This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Any modification of this agreement or additional obligation assumed by any party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 10. Assignment or Sublicense: Nob Hill Water shall not assign or transfer this license, nor grant a sublicense for any purpose, without the express, prior and written consent of City. (jc)Iic/Nob Hill Water Page -3 11. 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. 12. Governing Law: This agreement shall be governed in all respects by the laws of the State of Washington. 13. Venue: In the event there should be any litigation arising out of this agreement, venue shall lie in Yakima County, Washington. 14. Capacity, Due Authorization: Nob Hill Water affirms and warrants that the individual whose signature appears below on its behalf has the full power, capacity, and legal right to execute this Agreement and that this Agreement has been duly authorized and executed and that it shall constitute the legal, valid and binding obligation of Nob Hill Water, enforceable in accordance with its terms. DATED this 2nd d. of April, 2014 CITYQF YAKI • , A TON • y O' "ourke City 'ana• -r ATTEST: L ,��, T . C Cl f al i � � City Contract No. >i t%\ on/ City Resolution No. A. I NOB HILL WAT / R ASS • CIATIOi B 1/ L L Y O Fr - a - M. West . nager (jc)Iic /Nob Hill Water Page -4