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HomeMy WebLinkAboutR-1992-D6093 Cattle / Department of TransportationRESOLUTION NOD i‘ 6093 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 C & G Cattle Company for grazing 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 intermittent grazing of cattle; and WHEREAS, C & G Cattle Company has expressed an interest in using the IWS buffer zone for the intermittent grazing of cattle; and WHEREAS, C & G Cattle Company 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 grazing purposes; and WHEREAS, the City Council finds that the proposed use for intermittent cattle grazing 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 C & G Cattle Company for grazing purposes, a copy of which license Page 1 of 2 (res/cg) agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 111.1/‘ day of 1992. ATTEST: ATTEST: City Clerk Page 2 of 2 (res/cg) CITY OF YAKIMA LICENSE TO USE IWS BUFFER ZONE FOR GRAZING PURPOSES THIS AGREEMENT made this" 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. Page 1 of 8 (agr/grazing.jw) 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 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 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. Page 2 of 8 (agr/grazing.jw) 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 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 Page 3 of 8 (agr/grazing.jw) 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 policy required by this clause shall be endorsed to state that cover- age shall not be suspended, voided, cancelled by either 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. Page 4 of 8 (a.gr/grazing.jw) 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. 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 Page 5 of 8 (agr/grazing.jw) 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. Page 6 of 8 (agr/grazing.jw) 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 Page 7 of 8 (agr/grazing.jw) 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 City Clerk STATE OF WASHINGTON ) ;ss. County of Yakima R. A. Zais, Jr. City Manager LICENSEE By: Its: On this day of , 1992, before me, the undersigned and Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared known to me to be the individual described in and who executed the within and foregoing instrument, 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. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Page 8 of 8 (agr/grazing.jw)