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Home My WebLink AboutR-1992-D6131 Right-of-way / Yakima Valley TransportationRESOLUTION NO. D 61:1 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Personal Services Agreement for title confirmation services. WHEREAS, the City of Yakima owns certain parcels of land by virtue of a 1985 Deed from the Yakima Valley Transportation Company; and WHEREAS, the City needs to complete the title record documentation for this land, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached agreement entitled "Personal Services Agreement." ADOPTED BY THE CITY COUNCIL this day of 1992. ATTEST: (res/prsnlsrv.rpl) Mayor PERSONAL SERVICES AGREEMENT 7— THIS AGREEMENT, entered into this ! r day of ‘. 1992, between the CITY OF YAKIMA, 129 North 2nd Street, Yakima, Washington 98901, hereinafter known as "CITY"; and J. L. HANEY REALTY & APPRAISAL CO., hereinafter known as "CONTRACTOR". WHEREAS, the CITY requires negotiation services relating to title confirmation for certain parcels of land acquired from Yakima Valley Transportation Company; and WHEREAS, the consultant represents that he has a valid Wash- ington Real Estate Broker's License and has the expertise necessary to perform the negotiation services required by the CITY, now, therefore, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereto agree as follows: 1. SERVICES PROVIDED BY CONTRACTOR. CONTRACTOR shall provide professional negotiation services for the purpose of confirming the CITY'S title to approximately eighty (80) parcels of former Yakima Valley Transportation Company (YVT) right-of-way, including, but not limited to, the negotiation of crossing agreements, licenses, and instruments/deeds to clear any cloud on the CITY'S title. In performing the foregoing services, CONTRACTOR agrees to the fol- lowing conditions: A. CONTRACTOR shall make no less than three (3) personal contacts, if needed, with each adjacent property owner in order to obtain a duly executed and recordable instrument confirming the CITY'S fee simple title in and to the former YVT property. B. CONTRACTOR shall no later than the second contact explain the CITY'S position and request execution of an appropriate title confirmation instrument. C. CONTRACTOR shall keep and make available to the CITY a complete and legible diary of each contact. The diary shall in- clude date, time, place, person contacted, the concerns and inter- est expressed by the adjacent land owner, the adjacent land owner's willingness to cooperation with the CITY'S title confirmation process, and any other information deemed necessary for a complete understanding of what occurred during the negotiations. Upon completion of the negotiation process, the diary shall become the property of the CITY for its permanent records. D. CONTRACTOR shall attempt to obtain a title confirmation instrument for each parcel identified by the CITY. E. CONTRACTOR shall keep all information acquired and de- veloped at any time during the negotiation process secret and confidential, and CONTRACTOR shall not reveal any information concerning or relating to this agreement or the negotiation process to any other person or organization without the express written consent of the CITY or a court order so requiring. Page 1 of 3 (agriprsnlsrv.rpl) F. The CITY shall provide contractor with necessary legal support and legal instruments to accomplish the title clearance objectives contemplated by this agreement. 2. TERM OF AGREEMENT. CONTRACTOR shall begin work on June 23, 1992 and complete the negotiation services specified in Section 1 of this agreement on or before November 30, 1992. CONTRACTOR shall make whatever time investments are necessary for the full comple- tion of the services prior to November 30, 1992, including comple- tion of all agreements, licenses, and real property instruments. 3. CONSIDERATION. In consideration the consulting services to be provided as set forth in Section 1 above and CONTRACTOR'S perform- ance of all other terms and conditions of this agreement, CITY agrees to pay CONTRACTOR Sixty Five Dollars ($65.00) per hour in a total amount not to exceed Twenty Thousand Dollars ($20,000.00). 4. INDEPENDENT CONTRACTOR is an employees shall and CONTRACTOR'S CONTRACTOR. It is agreed and understood that independent contractor, and none of CONTRACTOR'S be considered an employee of the CITY. CONTRACTOR employees shall make no claim of CITY employment or claim any related employment benefits from the CITY, including but not limited to, medical benefits, social security, and retire- ment. CONTRACTOR'S employees shall not be subject to the control or direction of CITY officers or CITY employees. CONTRACTOR shall protect, defend, indemnify, and hold the CITY, its agents, and employees harmless from and against any damages or costs incurred by the CITY as a result of any claim for employee status. 5. INTEGRATION. This written document constitutes the entire and exclusive agreement between the parties hereto. No other under- standings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. No changes or additions to this agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 6. ASSIGNMENT. CONTRACTOR shall not assign this agreement to any other person or entity without the prior written consent of the CITY. In the event that such prior written consent to an assign- ment is granted, then the assignee shall assume all duties, obliga- tions, and liabilities of CONTRACTOR. 7. LITIGATION. In the event that any suit or action is insti- tuted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this agreements, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as rea- sonable attorney fees. The venue for any action to enforce or interpret this agreement shall lie in the Superior Court of Wash- ington for Yakima County, Washington. Page 2 of 3 (agr/prsnlsrv.rp1) IN WITNESS WHEREOF the parties have executed this agreement the day and year first above written. ATTEST: CITY OF YAKIMA By)W77.- City Clerk Richard A. Zais, Jr. City Manager J. L. HANEY REALTY & APPRAISAL CO. Jim apAry Its: - Page 3 of 3 (agr/prsnisrv.rpl)