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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. Page 1 of 4 (agr/bususe.sc) 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 Page 3 of 4 (agr/bususe.sc) 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. Page 2 of 4 (agr/bususe.sc) 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 Page 4 of 4 (agr/bususe.se) , 1992. 'fice--Park,Partnership