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Home My WebLink AboutR-1992-D6171 Licenses / Property.7 1 RESOLUTION NO. A RESOLUTION: authorizing the City Manager to grant temporary licenses for short-term use of City -owned property. WHEREAS, the City of Yakima owns various Yakima Valley Transportation Corridor properties in its governmental capacity for identified public uses and purposes; and WHEREAS, it is in the best interest of the City of Yakima for the City Manager to have discretion to grant temporary, revocable licenses on a case-by-case basis for selected portions of the YVT properties which would be effective until the City of Yakima implements its projected public uses for the property, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager, or his designee, is authorized to grant temporary, revocable licenses for the short-term use of selected portions of the YVT properties whenever he deems it to be necessary to protect the City's interest. All such licenses shall be temporary in duration only and shall be approved as to form by the City Legal Department. 1 ADOPTED BY THE CITY COUNCIL this \ i day ofJU S'T , 1992. ATTEST: Mayor City Clerk res/yvt.rp LICENSE AGREEMENT E ,+ /V�Cjr - /, THIS AGREEMENT is made this ` / day of C' `e/�J/ 1 1992 by and between the City of Yakima, a Washington municipal corporation, hereinafter referred to as "LICENSOR" and the County of Yakima, a Washington municipal corporation, hereinafter referred to as "LICENSEE". In consideration of the mutual promises and covenants contained in this agreement, the parties hereto agree as follows: 1. Grant of License. LICENSOR hereby grants to LICENSEE a license to use, subject to all of the terms and conditions of this agreement, the following -described real property: The North 30 feet of the East 60 feet of that part of the East 200 feet of the West 15 acres of the Southeast Quarter of the Southwest Quarter of Section 29, Township 13 North, Range 18 East, W.M., lying Northerly of the Wide Hollow Creek. The above-described real property may be used by LICENSEE solely for road right-of-way crossing purposes and for incidental purposes relating to such purposes. It is understood and agreed that the above-described Yakima Valley Transportation (YVT) property will be used in the future by LICENSOR as an active transportation corridor, utility corridor, or recreational pathway, and LICENSEE hereby promises and agrees to make (at LICENSEE'S expense) all modifications and improvements to the County Road that LICENSOR may request to allow LICENSOR'S future use of the YVT property or to otherwise make the County Road compatible with LICENSOR'S future uses of the YVT property. 2. No Payment Recauired. This license is given to LICENSEE as an accommodation with no monetary consideration. 3. LICENSORS Title. LICENSEE acknowledges the legal fee title of LICENSOR to the above-described real property and agrees never to deny such title or to claim title in LICENSEE'S name. LICENSEE expressly agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described real property of LICENSOR, by virtue of the rights granted under this license agreement, LICENSEE'S occupancy or use under this agreement, or any other basis. 4. Indemnification. LICENSEE shall protect, defend, indemnify, and hold LICENSOR, and its agents and employees, harmless from and against any and all claims, lawsuits, damages, and liabilities for personal injuries, property Page 1 of 3 agr/license.rp damage, or for loss of life or property resulting therefrom, which in any way arise from or are connected to or related to the condition or use of the real property covered by this license agreement, or any means of ingress to or egress from said real property, except liability for personal injuries, property damages, or loss of life or property caused solely by the negligence of LICENSOR. 5. Termination. This agreement shall continue in force unless or until terminated by any of the parties to this agreement giving written notice to the other party of intention to so terminate. Such Notice of Termination shall be given to the other party not less than thirty (30) days prior to the date specified in such notice for the date of termination. This agreement shall absolutely end on the giving of such notice. 6. Notices. Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by registered or certified mail, postage prepaid, if sent to the party, or hand delivered to the party, at the following addresses: LICENSOR LICENSEE City of Yakima Attn: City Engineer City Hall 129 North 2nd Street Yakima, WA 98901 County of Yakima Attn: County Engineer Yakima County Courthouse 128 North 2nd Street Yakima, WA 98901 7. Assignment or Sublicense. No assignment or other transfer of the license granted under this agreement, or any interest in such license, and no sublicense for any purpose shall be made or granted by LICENSEE without the express, prior, and written consent of LICENSOR. 8. 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. 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. Page 2 of 3 agr/license.rp IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at Yakima, Washington on the date indicated below. CITY YAKIMA By: R. A. Zais, Jr. City Manager Date: C1 5` ATTEST: City Clerk � "7 / iJ CONTRACT N6: 1 � J Page 3 of 3 agr/license.rp COUNT By: OF YAKIMA AlCou ex Deccio rid 10111/. By 4110 .0041201fr110=I s-/ Charles J. i/ arich County Commissioner By:� Bettie Ingham County Commissioner Date: & ie/71,6e...r /) 1992, A EST Cl" of the Board LICENSE AGREEMENT THIS AGREEMENT is made this 17 day of March , 1996 by and between the CITY OF YAKIMA, a Washington municipal corporation, (hereinafter "LICENSOR"), and JEFF L. KELLER and TINA L. KELLER, husband and wife, (hereinafter "LICENSEE"). In consideration of the mutual promises and covenants contained in this agreement, the parties hereto agree as follows: 1. Grant of License. LICENSOR hereby grants to LICENSEE a license to use, subject to all of the terms and conditions of this agreement, the following - described real property: A tract of land situated in the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 26, Township 13 North, Range 17 E.W.M., said strip of land being formerly owned by the Yakima Valley Transportation Co. (YVT), and said strip of land being described in that deed from M. W. Philips et ux., et al. to the Yakima Valley Transportation Co. recorded on October 19, 1917, in Book 175, Page 171, Records of Yakima County, Washington, and said tract of land being more particularly described as follows: beginning at the Southwest corner of the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 26, Township 13 North, Range 17 E.W.M., running thence North 103.8 feet, more or less, to a point, thence South 73°54' East for a distance of 367 feet, more or less, to the South line of said subdivision, thence West 352.4 feet, more or less, to the point of beginning. The above-described real property may be used by LICENSEE solely as open pasture land, and LICENSEE may temporarily maintain a fence around said property. LICENSEE shall not construct or maintain any improvements on the above-described real property. 2. No Payment Required. This license is given to LICENSEE as an accommodation with no monetary consideration. Page 1 of 3 (1a)1iconaa/Kollar. rp 3. LICENSOR'S Title. LICENSEE acknowledges the legal fee simple title of LICENSOR to the above-described real property and agrees never to deny such title or to claim title in LICENSEE'S name. LICENSEE expressly agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described real property of LICENSOR, by virtue of the rights granted under this license agreement, LICENSEE'S occupancy or use under this agreement, or any other basis. 4. Indemnification. LICENSEE shall protect, defend, indemnify, and hold LICENSOR, and its agents and employees, harmless from and against any and all claims, lawsuits, damages, and liabilities for personal injuries, property damage, or for loss of life or property resulting therefrom, which in any way arise from or are connected to or related to the condition or use of the real property covered by this license agreement, or any means of ingress to or egress from said real property, except liability for personal injuries, property damages, or loss of life or property caused solely by the negligence of LICENSOR. 5. Notices. Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by registered or certified mail, postage prepaid, if sent to the party, or hand delivered to the party, at the following addresses: LICENSOR: City of Yakima Attn: City Engineer City Hall 129 North 2nd Street Yakima, WA 98901 LICENSEE: JEFF L. KELLER and TINA L. KELLER 11703 Wide Hollow Road Yakima, WA 98908 6. Assignment or Sublicense. No assignment or other transfer of the license granted under this agreement, or any interest in such license, and no sublicense for any purpose shall be made or granted by LICENSEE without the express, prior, and written consent of LICENSOR. 7. 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. 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. Page 2 of 3 (lc) liconao/Kellor.rp IN WITNESS WHEREOF, each party to this License Agreement has caused it to be executed at Yakima, Washington on the date first above written. LICENSOR: CITY OF YAKIMA By: R. A. Zais, J r City Manager ATTEST: City Clerk CITY {OMTRACT Q. (D_ aa LICENSEE: JEFF L. KELLER and TINA L. KELLER, husband and wife JEFFAL. KELLER TINA L. KELLER Page 3 of 3 (.)liconso/Kollor.rp