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:
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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.
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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.
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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
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By: _J.,� B y: , 41111 It
Tony O'Ro a la ► . West
City Mana - I , . ger
ATTEST:
Cit lerk ' . 2 q_
City Contract No.'/
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