HomeMy WebLinkAboutR-1992-D6092 Bees / Department of TransportationRESOLUTION NO. 1 6092
A RESOLUTION authorizing and directing the City Manager and
City Clerk of the City of Yakima to execute a
license to use the IWS buffer zone to Breshear's
Bees for apicultural purposes.
WHEREAS, the City occupies and uses real property owned
by the State of Washington, Washington State Department of
Transportation, as a buffer zone for the industrial waste
spray field (IWS) in connection with the City sewage treatment
plant pursuant to a lease agreement entered into March, 1992;
and
WHEREAS, the Washington State Department of Transporta-
tion has granted the City of Yakima permission to sublet the
property for the temporary storage of honey bees and their
hives; and
WHEREAS, Breshear's Bees has expressed an interest in
using the IWS buffer zone for the purpose of the temporary
storage of honey bees and their hives; and
WHEREAS, Breshear's Bees has agreed to pay a fee of
$250.00 per year in exchange for the City's permission to use
the IWS buffer zone for apicultural purposes; and
WHEREAS, the City Council finds that the proposed use for
the temporary storage of honey bees and their hives will not
interfere with the use of the property as a buffer zone for
the IWS, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are
hereby authorized and directed to execute a license to
Breshear's Bees for apicultural purposes, a copy of which
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license agreement is attached hereto and by reference made a
part hereof.
ADOPTED BY THE CITY COUNCIL this day of
1992.
. Mayor
ATTEST: ATTEST:
City Clerk
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CITY OF YAKIMA
LICENSE
TO USE IWS BUFFER ZONE
FOR APICULTURAL PURPOSES
THIS AGREEMENT made this day of f �/_; , 1992,
between the City of Yakima ("City") and Breshear's Bees
("Licensee"), WITNESSETH:
The City of Yakima for the consideration hereinafter set forth
hereby licenses to Licensee for a term beginning April 1, 1992 and
ending April 1, 1993, but revokable at will by the Director of
Engineering & Utilities, and thereafter from year to year on the
same terms and conditions until revoked by the Director, for
apicultural purposes only; the premises described as follows:
All that portion of the northeast quarter of
the southeast quarter of Section 32, Township
13 North, Range 19 E.W.M., lying easterly of
SR -82, E. Yakima Avenue to Union Gap.
Description Approximate. The above description of the prop-
erty is believed to be correct but any error or omission in the
description of the property shall not constitute any grounds or
reason for nonperformance of this agreement.
This license is granted subject to the following conditions:
1. Consideration. That the Licensee shall pay to the City the
amount of Two Hundred Fifty Dollars ($250.00) for the period of
this agreement payable at the time of delivery of the license to
the Licensee. Payment shall be made to the Finance Department,
City of Yakima, 129 North 2nd Street, Yakima, Washington, 98901.
2. License Not Assignable. That the Licensee shall neither
transfer or assign this license or grant any interest, privilege,
or license whatsoever in connection with this license without
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permission in writing from the Director of Engineering & Utilities,
hereinafter designated as "Director".
3. Inspection/Warranties. That the Licensee has inspected and
knows the condition of the property and it is understood that the
Licensee enters this agreement without any representation or war-
ranty by the City whatsoever, and without obligation on the part of
the City to make any alterations, repairs, or additions to the
property. That the City does not warrant that the premises will be
fit for use as an apiary nor does the City warrant that plants
raised or growing on the premises will be fit for apicultural
purposes. The City expressly disavows any implied warranty of
fitness.
4. Apicultural Purposes Only. That during the term of this
license, the Licensee shall use said property for apicultural
purposes only; specifically, the temporary storage of honey bees
and their hives.
5. Construction on Premises. That the Licensee shall not con-
struct any permanent structure on the said premises and shall not
construct any temporary structure or advertising signs thereon
without the prior written consent of the said Director.
6. License Not Exclusive. That the right is hereby reserved to
the City, it officers, agents, and employees, to enter upon the
said premises at any time for the purpose of inspection, mainte-
nance, and inventory and when otherwise deemed necessary for the
protection of the interest of the City, and the Licensee shall have
no claim of any character on account thereof against the City or
any officer, agent, or employee thereof. The City also reserves
the right to grant third parties the use of said premises so long
as that use, in the opinion of the Director, does not materially
interfere with Licensee's use. The City has also granted a license
to C & G Cattle Company to use the premises for cattle grazing
purposes. :Licensee promises not to interfere with C & G Cattle
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Company's use of the premises for cattle grazing purposes. If the
Director determines Licensee's use interferes with the use of the
premises for cattle grazing, the Director may, at his sole discre-
tion, impose additional conditions on Licensee's use or the Direc-
tor may terminate this license upon three (3) days notice.
7. Licensee's Liability for Loss or Damage. That any property of
the City damaged or destroyed by the Licensee incident to the
Licensee's
use of the premises shall be promptly repaired or re-
placed by the Licensee to the satisfaction of the said Director, or
in lieu of such repair or replacement, the Licensee shall, if so
required by the said Director, pay to the City an amount sufficient
to compensate for the loss sustained by the City by reason of
damages to, or destruction of, City property.
8. Indemnification, Insurance, and Waiver of Liability. That the
City or its contractors or any of their officers, agents, or em-
ployees shall not be responsible for any loss, expense, damage to
property, or injuries to persons, which may arise from, or be inci-
dent to, the use of the said premises; or for damages to the prop-
erty of the Licensee; or for injuries to the person of the
Licensee, his officers, agents, servants, or employees or others
who may be on said
hold harmless the
any and all claims
premises.
premises. Licensee shall defend, indemnify, and
City, its officers, agents, and employees from
and damages arising from Licensee's use of the
a. Insurance. That Licensee shall require
a comprehensive general liability policy of
the City of Yakima as an additional -named
and keep current
insurance naming
insured, in the
amount of Five Hundred Thousand Dollars ($500,000.00), com-
bined single limit per occurrence, for bodily injury, personal
injury, and property damage. The insurance policy required by
this clause shall be endorsed to state that coverage shall not
be suspended, voided, cancelled by either party, or reduced in
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coverage or in limits except after forty-five (45) days prior
written notice to the certificate holder.
b. Verification of Coverage. That Licensee shall furnish
the City with certificates of insurance and with original
endorsements effecting coverage required by this agreement.
The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insured buying
coverage on its behalf. The certificates and endorsements are
to be received by the City upon delivery of the license to the
Licensee. The City reserves the right to require complete,
certified copies of all required insurance policies at any
time.
c. Waiver of Claims. That Licensee hereby waives and prom-
ises not to make any claims or institute any lawsuits based
upon any claim, loss, or injury to Licensee, its officers,
agents, employees, or assigns due to, or arising out of; any
natural disaster, loss of property due to elements or com-
pounds sprayed upon the premises, due to court ruling or other
legal action adverse to the City of Yakima or this agreement,
or due to cancellation of the underlying lease by which City
occupies the premises.
9. Termination by Licensee. That this License may be terminated
by the Licensee at any time by giving at least twenty (20) days
notice thereof, in writing, to the said Director; provided that in
case of such termination, no refund by the City of any amounts
theretofore paid shall be made.
10. Taxes Paid by Licensee. That the Licensee shall pay to the
proper authority, when and as the same becomes due and payable, all
taxes, assessments, and similar charges, which, at any time during
the term of this license, may be taxed, assessed, or imposed upon
the City or upon the Licensee with respect to or upon the licensed
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premises, including the leasehold excise tax imposed by RCW
82.29A.030(1) and (2).
11. Additional Powers of Director. That the use and occupation of
the premises leased hereby shall be subject to the general supervi-
sion and approval of the Director and such rules and regulations
regarding ingress, egress, placement of bee hives, safety, sanita-
tion, and security as may be described by him from time to time.
12. Licensee's Duties Upon Termination. That, on or before the
date of expiration of this license or its termination by the City
or Licensee, the Licensee shall at its cost vacate the licensed
property, remove the property of the Licensee therefrom, and re-
store the licensed property to as good order and condition as that
existing upon the date of commencement of the term of this license,
less ordinary wear and tear, or damage to the licensed property
covered by insurance, and for which the City shall receive or has
received insurance funds in lieu of having the damaged property
repaired, replaced, or restored. (See paragraph 7). If, however,
this license is revoked, the Licensee shall vacate the licensed
property, remove the property of Licensee therefrom, and restore
the licensed property to the condition aforesaid within such time
as the Director may designate. In either event, if Licensee shall
fail or neglect to remove the property of the Licensee and so
restore the licensed property, then, at the option of the Direc-
tor, the property of the Licensee shall either become the property
of the City without compensation therefore, or the Director may
cause it to be removed and the licensed premises to be so restored
at the expense of the Licensee, and no claim for damages against
the City or its officers or agents shall be created by or made on
account of such removal and restoration work.
13. Director Defined. That any reference to Director herein shall
mean the City of Yakima's Director of Engineering & Utilities.
Except as otherwise specifically provided, any reference herein to
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Director or Director of Engineering & Utilities shall include his
duly appointed successor and his authorized representatives.
14. Notices to City. That all notices to be given to the City
pursuant to this license shall be addressed to:
Director of Engineering & Utilities
129 North 2nd Street
Yakima, Washington 98901
15. Notice of Termination and Breach. That the City will give
Licensee twenty (20) days notice of the termination of this li-
cense. However, if termination is due to the Licensee's breach of
a condition of this license, to waste or nuisance caused by Licens-
ee, only five (5) days notice need be given. Upon receipt of such
notice, Licensee shall either remedy the defect within five (5)
days or vacate the property as described in paragraph 12.
16. Notice to Licensee. That all notices to be given to the
Licensee pursuant to this license shall be addressed:
Breshear's Bees
3510 Castlevale Road
Yakima, WA 98902
17. Partial Invalidity. That if any term or provision of this
license or the application thereof to any person or circumstance
shall to any extent be invalid or unenforceable, the remainder of
this license or the application of such term or provision to the
persons or circumstances other than those as to which it is invalid
or unenforceable, shall not be effected thereby, and each term and
provis:Lon of this license shall be valid and enforced as written to
the fullest extent permitted by law.
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18. Governing Law. That this license shall be governed by the law
of the State of Washington. Venue shall be in Yakima County,
Washington.
19. Entire Agreement. This document contains the entire and
integrated agreement of the parties and may not be modified except
in writing, signed and acknowledged by both parties.
20. Attorney's Fees. That if any action be commenced
any
of the provisions of this license, the prevailing
in addition to its other
reasonable attorney fees.
to enforce
party shall,
remedies, be entitled to recover its
21. Nonwaiver. That no failure of City to insist upon the strict
performance of any provision of this license shall be construed as
depriving the City of the right to insist on said performance of
such
City
made
City
provision or any other provision in the future. No waiver by
of any provision of this license shall be deemed to have been
unless expressed in writing and signed by City. Consent by
in any one incident shall not dispense with necessity of
consent by City on any other instance.
ATTEST:
City Clerk
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CITY OF YAKIMA
R. A. Zais, Jr.
City Manager
LICENSEE
By:
Its:
STATE OF WASHINGTON )
:ss.
County of Yakima
On this day of ' y , 1992, before me, the
undersigned and Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared Robert Breshear,
known to me to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that he signed
the same as his free and voluntary act and deed, for the uses and
purposes therein mentioned.
WITNESS by hand and official seal hereto affixed this day and
year first written above.
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission expires:
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CITY OF YAKIMA
LICENSE
TO USE IWS BUFFER ZONE
FOR GRAZING PURPOSES
THIS AGREEMENT made this / g 71 day of , 1992,
between the City of Yakima ("City") and C & G Cattle Company
("Licensee"), WITNESSETH:
The City of Yakima for the consideration hereinafter set forth
hereby licenses to Licensee for a term beginning April 1, 1992 and
ending April 1, 1993, but revokable at will by the Director of
Engineering & Utilities, and thereafter from year to year on the
same terms and conditions until revoked by the Director, for
grazing purposes only; the premises described as follows:
All that portion of the northeast quarter of
the southeast quarter of Section 32, Township
13 North, Range 19 E.W.M., lying easterly of
SR -82, E. Yakima Avenue to Union Gap.
This license shall allow the Licensee the use of the premises
for a minimum of four one-week periods during the term of this
license. Additional use may be allowed as needed to control plant
growth on the premises. The Director shall determine when the one-
week periods shall commence and terminate. The Director shall
provide Licensee fourteen (14) days notice of the commencement of
the grazing period. The notice shall include the termination date
of the grazing period. A grazing period may be extended by the
Director at his sole discretion.
Description Approximate. The above description of the prop-
erty is believed to be correct but any error or omission in the
description of the property shall not constitute any grounds or
reason for nonperformance of this agreement.
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This license is granted subject to the following conditions:
1. Consideration. That the Licensee shall pay to the City the
amount of Two Hundred Fifty Dollars ($250.00) for the period
this agreement payable at the time of delivery of the license
of
to
the Licensee. Payment shall be made to the Finance Department,
City of Yakima, 129 North 2nd Street, Yakima, Washington, 98901.
2. License Not Assignable. That the Licensee shall neither
transfer or assign this license or grant any interest, privilege,
or license whatsoever in connection with this license without
permission in writing from the Director of Engineering & Utilities,
hereinafter designated as "Director".
3. Inspection/Warranties. That the Licensee has inspected and
knows the condition of the property and it is understood that the
Licensee enters this agreement without any representation or war-
ranty by the City whatsoever, and without obligation on the part of
the City
property.
to make any alterations, repairs, or additions to the
That the City does not warrant that the premises will be
fit for grazing beef cattle nor does the City warrant that plants
raised or growing on the premises will be fit for grazing purposes.
The City expressly disavows any implied warranty of fitness.
4. Grazing Purposes Only. That during the term of this license,
the Licensee shall use said property for the purposes of grazing
beef cattle only. Absolutely no lactating cattle, sheep, goats,
horses, or swine shall be allowed on the premises.
5. Construction on Premises. That the Licensee shall not con-
struct any permanent structure on the said premises and shall not
construct any temporary structure or advertising signs thereon
without the prior written consent of the said Director.
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6. License Not Exclusive. That the right is hereby reserved to
the City, it officers, agents, and employees, to enter upon the
said premises at any time for the purpose of inspection, mainte-
nance, and inventory and when otherwise deemed necessary for the
protection of the interest of the City, and the Licensee shall have
no
any
the
claim of any character on account thereof against the City or
officer, agent, or employee thereof. The City also
right to grant third parties the use of said premises
reserves
so long
as that use, in the opinion of the Director, does not materially
interfere with Licensee's use. The City has also granted a license
to Breshear's Bees to use the premises as an apiary. Licensee
promises not to interfere with Mr. Robert Breshear's use of the
premises as an apiary. If the Director determines Licensee's use
interferes with the use of the premises as an apiary, the Director
may, at his sole discretion, impose additional conditions on Li-
censee's use or the Director may terminate this license upon three
(3) days notice.
7. Licensee's Liability for Loss or Damage. That any property of
the City damaged or destroyed by the Licensee incident to the
Licensee's use of the premises shall be promptly repaired or re-
placed by the Licensee to the satisfaction of the said Director, or
in lieu of such repair or replacement, the Licensee shall, if so
required by the said Director, pay to the City an amount sufficient
to compensate for the loss sustained by the City by reason of
damages to, or destruction of, City property.
8. Indemnification, Insurance, and Waiver of Liability. That the
City or its contractors or any of their officers, agents, or em-
ployees shall not be responsible for any loss, expense, damage to
property, or injuries to persons, which may arise from, or be inci-
dent to, the use of the said premises; or for damages to the prop-
erty of the Licensee; or for injuries to the person of the
Licensee, his officers, agents, servants, or employees or others
who may be on said premises. Licensee shall defend, indemnify, and
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hold harmless the City, its officers, agents, and employees from
any and all claims and damages arising from Licensee's use of the
premises.
a. Insurance. That Licensee shall require and keep current
a comprehensive general liability policy of insurance naming
the City of Yakima as an additional -named insured, in the
amount of Two Hundred Fifty Thousand Dollars ($250,000.00),
combined single limit per occurrence, for bodily injury,
personal injury, and property damage. The insurance
required by this clause shall be endorsed to state that
age shall not be suspended, voided, cancelled by either
policy
cover -
party,
or reduced in coverage or in limits except after forty-five
(45) days prior written notice to the certificate holder.
b. Verification of Coverage. That Licensee shall furnish
the City with certificates of insurance and with original
endorsements effecting coverage required by this agreement.
The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that Insured buying
coverage on its behalf. The certificates and endorsements are
to be received by the City upon delivery of the license to the
Licensee. The City reserves the right to require complete,
certified copies of all required insurance policies at any
time.
c. Waiver of Claims. That Licensee hereby waives and prom-
ises not to make any claims or institute any lawsuits based
upon any claim, loss, or injury to Licensee, its officers,
agents, employees, or assigns due to, or arising out of; any
natural disaster, loss of property due to elements or com-
pounds sprayed upon the premises, due to court ruling or other
legal action adverse to the City of Yakima or this agreement,
or due to cancellation of the underlying lease by which City
occupies the premises.
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9. Termination by Licensee. That this license may be terminated
by the Licensee at any time by giving at least twenty (20) days
notice thereof, in writing, to the said Director; provided that in
case of such termination, no refund by the City of any amounts
theretofore paid shall be made.
10. Taxes Paid by Licensee. That the Licensee shall pay to the
proper authority, when and as the same becomes due and payable, all
taxes, assessments, and similar charges, which, at any time during
the term of this license, may be taxed, assessed, or imposed upon
the City or upon the Licensee with respect to or upon the licensed
premises, including the leasehold excise tax imposed by RCW
82.29A.030(1) and (2).
11. Additional Powers of Director. That the use and occupation of
the premises leased hereby shall be subject to the general supervi-
sion and approval of the Director and such rules and regulations
regarding ingress, egress, safety, sanitation, and security as may
be described by him from time to time.
12. Licensee's Duties Upon Termination.
date of expiration of this license or its
or Licensee, the Licensee shall at its
That, on or before the
termination by the City
cost vacate the licensed
property, remove the property of the Licensee therefrom, and re-
store the licensed property to as good order and condition as that
existing upon the date of commencement of the term of this
less ordinary wear and tear, or damage to the licensed
covered by insurance, and for which the City shall receive
license,
property
or
has
received insurance funds in lieu of having the damaged property
repaired, replaced, or restored. (See paragraph 7). If, however,
this license is revoked, the Licensee shall vacate the licensed
property, remove the property of Licensee therefrom, and restore
the licensed property to the condition aforesaid within such time
as the Director may designate. In either event, if Licensee shall
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fail or neglect to remove the property of the Licensee and so
restore the licensed property, then, at the option of the Direc-
tor, the property of the Licensee shall either become the property
of the City without compensation therefore, or the Director may
cause it to be removed and the licensed premises to be so restored
at the expense of the Licensee, and no claim for damages against
the City or its officers or agents shall be created by or made on
account of such removal and restoration work.
13. Director Defined. That any reference to Director herein shall
mean the City of Yakima's Director of Engineering & Utilities.
Except as otherwise specifically provided, any reference herein to
Director or Director of Engineering & Utilities shall include his
duly appointed successor and his authorized representatives.
14. Notices to City. That all notices to be given to the City
pursuant to this license shall be addressed to:
Director of Engineering & Utilities
129 North 2nd Street
Yakima, Washington 98901
15. Notice of Termination and Breach. That the City will give
Licensee twenty (20) days notice of the termination of this li-
cense. However, if termination is due to the Licensee's breach of
a condition of this license, to waste or nuisance caused by Licens-
ee, only five (5) days notice need be given. Upon receipt of such
notice, Licensee shall either remedy the defect within five (5)
days or vacate the property as described in paragraph 12.
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16. Notice to Licensee. That all notices to be given to the
Licensee pursuant to this license shall be addressed:
C & G Cattle Company
101 North 66th Avenue
Yakima, WA 98908
17. Partial Invalidity. That if any term or provision of this
license or the application thereof to any person or circumstance
shall to any extent be invalid or unenforceable, the remainder of
this license or the application of such term or provision to the
persons or circumstances other than those as to which it is invalid
or unenforceable, shall not be effected thereby, and each term and
provision of this license shall be valid and enforced as written to
the fullest extent permitted by law.
18. Governing Law. That this license shall be governed by the law
of the State of Washington. Venue shall be in Yakima County,
Washington.
19. Entire Agreement. This document contains the entire and
integrated agreement of the parties and may not be modified except
in writing, signed and acknowledged by both parties.
20. Attorney's Fees. That if any action be commenced to enforce
any of the provisions of this license, the prevailing party shall,
in addition to its other remedies, be entitled to recover its
reasonable attorney fees.
21. Nonwaiver. That no failure of City to insist upon the strict
performance of any provision of this license shall be construed as
depriving the City of the right to insist on said performance of
such provision or any other provision in the future. No waiver by
City of any provision of this license shall be deemed to have been
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made unless expressed in writing and signed by City. Consent by
City in any one incident shall not dispense with necessity of
consent by City on any other instance.
ATTEST: CITY OF YAKIMA
3 LJ
City Clerk
STATE OF WASHINGTON )
:ss.
County of Yakima
On this /6 r' day of , 1992, before me, the
undersigned and Notary Public i and for the State of Washington,
duly commissioned and sworn, personally appeared C:1j.ep
known to me to be the individual descri ed in
and who execute the within and foregoing inst upent, and acknowl-
edged that signed the same as free and volun-
tary act and deed, for the uses and purposes therein mentioned.
WITNESS by hand and official seal hereto affixed this day and
year first written above.
ikas, cl4 44,40
R. A. Zai , Jr.
City Manager
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c-53
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission expires: /