HomeMy WebLinkAboutR-2021-143 Resolution authorizing revocable license agreement with the Yakima School District for the Yakima School District's construction and use of a storage shed at Martin Luther King Jr. ParkA RESOLUTION
RESOLUTION NO. R-2021-143
authorizing a revocable license agreement with the Yakima School District
for the Yakima School District's construction and use of a storage shed at
Martin Luther King Jr. Park
WHEREAS, the City is the owner of the Park located at 610 S. 9th Street, Yakima,
Washington, and situated generally upon and within Yakima County Assessor' s Parcel No
19131941451; and
WHEREAS, the City is committed to ensuring that improvements to the Park serve the
best interests of the community; and
WHEREAS, Washington Middle School maintains and operates a running track and
fencing, a portion of which are on Martin Luther King Jr Park; and
WHEREAS, Washington Middle School desires to construct an approximately 560 square
foot storage shed at Martin Luther King Jr. Park; and
WHEREAS, Washington Middle School will finance, develop and construct the storage
shed; and
WHEREAS, it is in the best interest of the City of Yakima to execute the attached
agreement, 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 attached and
incorporated revocable license agreement between the City of Yakima and Washington Middle
School, Yakima School District No. 7 for development of a storage shed on City of Yakima
property at Martin Luther King Jr. Park.
ADOPTED BY THE CITY COUNCIL this 1st da o ► . - I ber, 2021.
ATTEST:
onya ClaaTee, City Clerk
Patr is Byers, Ma or
REVOCABLE LICENSE AGREEMENT
PARTIES: Licensee: Washington Middle School, Yakima School District
No, 7
City: City of Yakima. Washington, a municipal corporation
SUBJECT
PROPERTY: A portion of Martin Luther King Jr. Park, 610 S. 9th Street,
upon which Yakima School District currently maintains and
operates a running track and fencing, as well as a portion
upon which the Yakima School District seeks to construct a
storage shed.
A portion of the northerly approximately 135 feet of
WASHINGTON PARK & HOME ADDITION TO YAKIMA,
BLOCK 177; also a portion of vacated Beech Street and
vacated alley.
Parcel Number 19131941451
Subject Property is generally depicted in Exhibit A showing
the location of the track, fencing, and proposed storage shed
RECITALS:
Licensee desires to construct an approximately 560 square foot storage shed on
the Subject Property as outlined in the site plan attached hereto as Exhibit "A" and
fully incorporated herein by this reference.
City and Licensee desire to enter into this License Agreement to allow Licensee to
use Martin Luther King Jr. Park property on which to construct and access a
storage shed pursuant to the terms and conditions of this License Agreement,
A small section of the Licensee's all weather running track and fencing surrounding
the track also extends onto the north portion of Subject Property, This License
Agreement shall allow for continued use of the track and fencing as they exist on
the date of this License on Subject Property, Said track and fencing are also
outlined on Exhibit A.
Page •-1
AGREEMENT:
The Recitals above are fully incorporated into this Agreement. For and in
consideration of the covenants and agreements contained herein, the City hereby
grants to Licensee a revocable license to use Subject Property to construct a
storage shed on the Subject Property, the approved plans for which are attached
hereto, and fully incorporated herein, as Exhibit B and for the purposes hereinafter
stated and subject to the following terms and conditions:
1. Construction, Use and Improvements of Storage Facility Shed:
Use of the Subject Property by Licensee is strictly permissive. No use or
improvement made by Licensee shall be considered as establishing any right or
claim of ownership of such Property in favor of Licensee, nor any waiver or
relinquishment of City's ownership of such Property, whether by claim of adverse
possession or otherwise, and Licensee expressly agrees to not contest City's right,
title, possession or control over the Subject Property dedicated and conveyed to
City. Licensee shall be solely responsible for maintenance of the storage shed it
installs on Subject Property and shall maintain such building in good condition.
Use of the storage shed shall be exclusive to Licensee.
Any construction, installation, reconstruction or improvement by Licensee
shall be performed by Licensee or its licensed and bonded contractors at its sole
cost and expense in accordance with plans and specifications approved by the
City engineer or an engineer retained by the City ("City Engineer" herein). Any
review and approval of such plans and specifications by the City Engineer shall be
solely for the benefit of the City and shall not constitute a warranty or assurance
by the City or City Engineer of the accuracy, completeness or effectiveness of such
plans and specifications. Licensee shall obtain all necessary permits at its sole
cost and expense. Licensee shall ensure that the construction, installation,
improvement and any reconstruction of the storage shed is completed in such a
manner that that avoids any damage to the surrounding surfaces of the Subject
Property. Licensee agrees to pay for all improvements incidental or necessary to
construct, install or reconstruct the storage shed, as well as any maintenance or
repair to any other property of the City, or any third party using the storage shed,
damaged due to the construction, installation, reconstruction, maintenance,
improvement of the storage shed. All improvements and maintenance thereof
shall be at the Licensee's sole cost and expense.
The shed structure shall be constructed at the location listed on Exhibit A.
No other location is approved by the City. Other than as listed herein, this License
does not grant the Licensee any other rights or entitlement to use Martin Luther
King Jr. Park or its facilities.
2. Existing improvements Allowed to Remain:
Pursuant to previous agreements, the City has allowed Licensee to
construct and maintain a running track, as more fully described in the recitals, on
Martin Luther King Jr. Park property. In addition to the track, Licensee has also
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constructed and maintained improvements, including fencing, around that track.
This License grants Licensee the right to continue to use, maintain, and operate
the track and associated improvements, as they exist on the date of this License.
Locations of the track and fencing are outlined on Exhibit A. Any changes to the
locations of these improvements, or additional improvements, in Martin Luther King
Jr. Park must be approved by the City prior to the change.
Any construction, installation, reconstruction or improvement by Licensee
shall be performed by Licensee or its licensed and bonded contractors at its sole
cost and expense in accordance with plans and specifications approved by the
City engineer or an engineer retained by the City ("City Engineer" herein). Any
review and approval of such plans and specifications by the City Engineer shall be
solely for the benefit of the City and shall not constitute a warranty or assurance
by the City or City Engineer of the accuracy, completeness or effectiveness of such
plans and specifications. Licensee shall obtain all necessary permits at its sole
cost and expense. Licensee shall ensure that the construction, installation,
improvement and any reconstruction of the improvements is completed in such a
manner that that avoids any damage to the surrounding surfaces of the Subject
Property. Licensee agrees to pay for all improvements incidental or necessary to
construct, install or reconstruct the track or fencing, as well as any maintenance or
repair to any other property of the City, or any third party using the track or fencing,
damaged due to the construction, installation, reconstruction, maintenance,
improvement of the track or fencing. All improvements and maintenance thereof
shall be at the Licensee's sole cost and expense.
The Licensee shall allow public access to the track for recreational purposes
after school hours, when not in use for school activities, as was initially discussed
in 1981 when the City first evaluated allowing the school district to utilize park
property for a portion of the running track.
3. Access Required. The City has water, sewer and stormwater pipes
and other City improvements and facilities running through the Subject Property.
Fencing around Licensee's improvements requires a gate for access to City
facilities for maintenance and operation. The location of the gate, must be
approved by the City. Further, access shall not be denied to any area of Martin
Luther King Jr, Park for purposes of operation and maintenance of the park
facilities and/or other City facilities.
4. Term of License — Termination: This License shall commence upon
the effective date stated below, and shall continue until the City determines the
use is no longer compatible with the use of the Subject Property as a park, or is
otherwise impeding or interfering with the City's use of the Subject Property or
ability of the City to access, maintain or operate its facilities, including, but not
limited to utilities. This License may also be terminated by Licensee upon ninety
(90) days written notice to the City.
Page -3
Notwithstanding the above, City reserves the right to exercise its right to terminate
this License for any cause deemed necessary and appropriate, including, but not
limited to failure to maintain the required insurance. In the event City determines
that it is necessary or appropriate to terminate this License, City will use best efforts
to give Licensee advance notice of at least sixty (60) days prior to the effective
date of termination.
Upon receipt of notice of termination, Licensee shall promptly undertake all steps
necessary to restore the Subject Property to at least as good a condition as existed
on the effective date of this License, and to remove any of Licensee's constructed
improvements upon or within the Subject Property as deemed necessary or
appropriate by City. In the event that Licensee does not promptly restore the
Subject Property or remove any designated Licensee constructed improvements
therein, they shall be considered abandoned, and the City may remove them at
Licensee's expense, which expense Licensee hereby agrees to pay in full within
30 days of being presented with a bill for the same. In the alternative, the City may
retain the abandoned improvements and use them as it desires.
5. City Title: Licensee acknowledges City's legal ownership and fee
title in Subject Parcel.
6. indemnification: Licensee 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 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 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.
7. Liability Insurance Required: Within five (5) business days of the
execution of this License Agreement, Licensee shall file with the City evidence of
comprehensive public liability insurance, or equivalent approved policy, with limits
of not less than two million dollars combined single limit for bodily injury and
property damage, naming the City of Yakima, its elected and appointed officials,
officers, employees and agents as additional insured parties, insuring against
liability from injury or damage resulting from Licensee's occupancy of, activities on,
or construction or maintenance of the storage shed, track and/or fencing on
Subject Property, which insurance shall be maintained in effect during the term of
this License Agreement.
Page -4
8. Parties Bound: Subject to the right of revocation as herein set forth,
this License Agreement shall inure to the benefit of and be binding upon the parties
hereto, their heirs, successors and assigns. This License shall be recorded with
the Yakima County Auditor at Licensee's expense.
9. Integration: This writing constitutes the entire agreement of the
parties and its execution is authorized by the respective governing bodies,
10. Abandonment or Invalidity: If Licensee abandons use of the storage
shed, track and/or fencing on Subject Property, this License shall be immediately
terminated. In addition, if any court of competent jurisdiction declares this License
to be invalid or unenforceable, then this License shall be immediately terminated.
In the event of such a declaration of invalidity or unenforceability, Licensee
releases the City, and its elected and appointed officials, employees and agents,
from any and all claims, demands, losses, damages and liabilities, whatsoever,
which arise directly or indirectly from or out of, relate to, or in any way are
connected with such declaration.
11. Utilities: Notwithstanding the grant of license provided herein, the
City shall be entitled to make full use of any existing public utility easement or
corridor over, across or under the Subject Property. Nothing in this License shall
diminish or affect the City's unconditional rights of access to City property and
rights -of -way or easements for installation, repair, maintenance, and operation of
City utilities.
12. 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:
If to the City:
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attention: City Manager
Copy to: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attention: City Attorney
If to Licensee: Yakima School District No. 7
Anthony Murrietta
104 N. 4th Ave.
Yakima WA 98902
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13. Capacity, Due Authorization: Licensee affirms and warrants that the
individuals whose signatures appears below have the full power, capacity, and
legal right to execute this License and that this License has been duly authorized
and executed and that it shall constitute the legal, valid and binding obligation of
Licensee, enforceable in accordance with its terms.
14. Assignment or Sublicense: Licensee shall not assign or transfer this
License, nor grant a sublicense for any purpose, without the express, prior and
written consent of City, It is within the City's sole discretion as to whether this
License may be assigned or sublicensed.
15. Severability: If any portion of this License is changed per mutual
agreement or any portion is held invalid, the remainder of the License shall remain
in full force and effect.
16. Governing Law: This agreement shall be governed in all respects by
the laws of the State of Washington.
17, Venue: In the event there should be any litigation arising out of this
agreement, venue shall lie in Yakima County, Washington,
18. Effective Date: This License shall be effective on the date shown
below, being the date approved by the City.
DATED this day of
A.11,11,)
2021,
CITY O YAKIIVIA, WASHINGTON LICENSEE
Robert Harrison, City Manager
CITY CONTRACT NO: _R42:_IR)- 7:1 6mm
RESOLUTION NO:
Page -6
Anthony ur ietta Assistant
Superintendent of Human
Resources and Capital Facilities
ATTESTATION
STATE OF WASHINGTON
) ss.
County of Yakima
On this 7,36/- day of 100‘4---) 01-19617- , 2021, I certify that I know or have satisfactory
evidence that Robert Harrison, City Manager of the City of Yakima, is the person who
appeared before me, and said person acknowledged that he is authorized to sign this
instrument on behalf of the City of Yakima, and acknowledged it to be his free and
voluntary act for the uses and purposes mentioned in the instrument.
STATE OF WASHINGTON
) ss.
County of Yakima
NOTARY PUBLIC in and fo the State o
Washington, residing at: e
My commission expires:
On this day of A-- , 2021, I certify that I know or have satisfactory
evidence that Anthony Murritta of the Yakima School District No. 7, which is named as
Licensee in the above instrument, is the person who appeared before me, and said
person acknowledged that they are authorized to sign this instrument on behalf of
Licensee, and acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in the instrument.
NOTARY PUBLIC in and fo he State of
Washington, residing at: 2
My commission expires: aQC
Page -7
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1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.1.
For Meeting of: November 1, 2021
ITEM TITLE: Resolution authorizing revocable license agreement with the
Yakima School District for the Yakima School District's construction
and use of a storage shed at Martin Luther King Jr. Park
SUBMITTED BY: Brooke Goosman, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The Yakima School District maintains a running track and fencing at Washington Middle School.
A small portion of the track and fencing extends onto city -owned property at Martin Luther King,
Jr. Park. The Yakima School District desires to construct a storage shed at Martin Luther King,
Jr. Park near the track/fence. The Yakima School District will pay for all construction and
maintenance costs of the shed. This agreement allows the school district to use city property for
their storage shed.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date
D resolution 10/21/2021
❑ Rewcable License Agreement w-YSD re MLK Park 10/19/2021
Type
Corer Memo
Contract