HomeMy WebLinkAboutR-1992-D6137 Lake Aspen / Bus•
RESOLUTION NO.
D 6137
A RESOLUTION authorizing and directing the *City Manager and
City Clerk of the City of Yakima to execute a Bus
Use License Agreement for the use of Lake Aspen
Office Park property for transit purposes.
WHEREAS, the City of Yakima operates a municipal transit
system, which can better serve the public by providing transit
service to Lake Aspen Office Park, located in Yakima, Washing-
ton; and
WHEREAS, the private owners of Lake Aspen Office Park are
willing to permit entry of Yakima Transit buses into the paved
parking lot of Lake Aspen Office Park for purposes of a bus
turnaround point; and
WHEREAS, the above -referenced location has been deter-
mined by the Yakima Transit System to be an appropriate and
advantageous bus turnaround point; and
WHEREAS, Yakima Transit System and the above -said pri-
vate owners have developed mutually agreeable terms to govern
use of the Lake Aspen Office Park parking lot, now, there-
fore,
PE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Ihe City Manager and City Clerk are hereby authorized and
directed to execute the Bus Use License Agreement, a copy of
which is attached hereto andby reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this jprth day of
1992.
ATTEST:
City Clerk
(res/bususe.sc)
BUS USE LICENSE AGREEMENT
Agreement made, effective as of September 1, 1991, between the
City of Yakima, Washington (hereafter "City") and two partnerships:
Lake's Edge Partnership and Lake Aspen Office Park Partnership
(hereafter collectively "The Owner"), owners of property in Lake
Aspen Office Park, Yakima, Washington.
Lake's Edge Partnership has its principal place of business in
Yakima, Washington and is composed of Gary Sanderson, Dr. George
Vlahakis, Rex Kabrich, Bruce Kinney, Robert Paisley, and managing
partner Gary Bailey, Lake Aspen Office Park has its principal
place of business at Yakima, Washington, and is composed of Rod
Knipper, Patricia Knipper, Harlan Dunn, and Barbara Dunn.
In consideration of the mutual promises contained in this
agreement, the parties agree as follows:
SECTION 1
GRANT OF LICENSE; DESCRIPTION OF PREMISES
The Owner hereby grants to the City a license to occupy and
conduct normal operations of its business as a provider of public
transportation, subject to all of the terms and conditions of this
agreement, on the follow -described property:
Lot 1, Lake Aspen Office Park recorded in
Volume Y of Plats, page 29, records of Yakima
County, Washington.
Parcel No. 181311-44400-2.
Lot 10, Lake Aspen Office Park recorded in
Volume Y of Plats, page 29, records of Yakima
County, Washington.
Parcel No. 181314-11425.
SECTION 2
LIMITATION TO DESCRIBED PURPOSE
The above-described property may be occupied and used by the
City and patrons of its bus service solely for bus travel and for
incidental purposes related to such purpose during the period
beginning September 1, 1991 and continuing until this agreement is
terminated as provided in this agreement.
The City is not obligated to provide bus service to the Own-
er's premises; the City will not enter the premises if hazardous
conditions exist thereon.
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SECTION 7
NO STRUCTURES
The City agrees not to erect or cause to erect or permit to be
erected on the above-described property any buildings or struc-
tures, whether permanent or temporary, such as shelters, sheds or
benches. The City is permitted to erect such signs as are usual
and necessary for the posting of bus arrival and departure times,
for which the Owner retains the right to exercise discretion as to
the size and placement.
SECTION 8
TERMINATION
Either party may terminate this agreement at any time, by
giving written notice to the other, such notice to be given not
less than fifteen (15) days prior to the date specified in such
notice for the date of termination.
SECTION 9
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation
assumed by either 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.
SECTION 10
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.
SECTION 11
VENUE
The venue for any judicial action regarding this agreement is
Yakima County, Washington.
SECTION 12
INDEMNIFICATION
The Owner shall indemnify and hold the City harmless from any
and all damages or claims/suits for damages by any person or entity
on The Owner's premises if the loss or damage is related to the
Owner's sole negligence. The City shall indemnify and hold the
Owner harmless from any and all damage or claims/suits for damages
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SECTION 3
NOTICES
Any notice provided for or concerning this agreement shall be
in writing and shall be deemed sufficiently given when sent by
certified or registered mail, to the address of each party as set
forth below:
THE CITY
THE OWNER
Transit Manager
City of Yakima Public Works Dept.
2301 Fruitvale Blvd.
Yakima, WA 98902
Lake Aspen Office Park Partnership
Attn: Christopher Swanson
1310 North 16th Avenue
Yakima, WA 98902
SECTION 4
MAINTENANCE
The Owner agrees to use best efforts to maintain an obstruc-
tion -free surface in the area to be used for bus travel. The City
agrees to make a reasonable effort to encourage proper usage by its
bus patrons, of the area covered in this agreement.
The City agrees to make a reasonable effort to ascertain and
report to the Owner hazards that threaten the operating safety of
the buses or any person or entity, arising from the City's opera-
tion pursuant to this agreement.
SECTION 5
EXCLUSIVE LICENSE
The Owner covenants that the Owner has full right to grant
this license and that the City, for so long as it is in compliance
with terms and conditions hereof, shall have and quietly enjoy use
of the licensed premises. The Owner shall grant no identical or
similar license to any other party, during the term of this li-
cense.
SECTION 6
NO PAYMENT
The privilege granted by this agreement is without cost to the
City and its bus patrons. The Owner acknowledges benefit to its
business by having bus service to its premises.
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by any person or entity arising from the City's operation pursuant
to this agreement, if the loss or damage is related to the City's
sole negligence. In any case in which joint negligence of the
parties may be involved, the parties shall make a good faith effort
to investigate the claim and determine proportionate amounts of
liability for which the parties are responsible. In event of
disagreement, the parties agree that arbitration would be appropri-
ate.
DATED this day of
CITY OF YAKIMA THE OWNER
By:
Richard A. Zais, Jr.
City Manager
ATTEST:
City Clerk
37
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, 1992.
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