Loading...
HomeMy WebLinkAboutNob Hill Water - Revocable License Agreement 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: A 20 foot wide strip of land situated in the Northeast quarter of the Southwest quarter of Section 6, 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 Woodcock Academy to the Yakima Valley Transportation Co. recorded on May 4, 1908, in Book 68, Page 398, Records of Yakima County, Washington, and said 20 foot wide strip of land being more particularly described as follows: commencing at the Northeast corner of the Northeast quarter of the Southwest quarter of Section 6, Township 12 North, Range 18 E.W.M, running thence South on the East line of said subdivision for a distance of 30 feet, thence West on the South line of Ahtanum Road and parallel to the North line of said subdivision for a distance of 350 feet to the true point of beginning, thence South 20 feet, thence West and parallel to the North line of said subdivision for a distance of 555 feet, thence North 20 feet to the South line of Ahtanum Road, thence East on the South line of Ahtanum Road for a distance of 555 feet to the true point of beginning. 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. 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: (jc)lic /Nob Hill Water Page - 1 1. Termination: Notwithstanding any provision in this Agreement to the contrary, the City may terminate this license only for a public purpose by giving ninety (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 the 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 upon 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 appropriate authorizing jurisdiction. 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 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 installation, use, operation, or maintenance of the domestic water line upon the City's real property covered by this license agreement, as well as from 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. (jc)lic /Nob Hill Water Page - 2 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 and successors. 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. 2nd 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. 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 a court of competent jurisdiction in Yakima County, Washington. (jc)lic /Nob Hill Water Page - 3 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 day of July, 2014. CITY 0 ; YAKIMA, HINGTON NOB HILL WATER ASSOCIATION j By: _J.,� B y: , 41111 It Tony O'Ro a la ► . West City Mana - I , . ger ATTEST: Cit lerk ' . 2 q_ City Contract No.'/ (jc)lic /Nob Hill Water Page - 4