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HomeMy WebLinkAboutR-1992-D6223 Greenway Pathway South• RESOLUTION NO. D 6223 A RESOLUTION authorizing the execution of a License Agreement for the extension of the Greenway Pathway South. WHEREAS, the City of Yakima leases from the Washington Department of Transportation a parcel of properties south of the City's Wastewater Treatment Plant and adjacent to the Yakima River, and WHEREAS, the City Council of the City of Yakima has approved a "Comprehensive Park and Recreation Plan" for the urban area which identifies the Greenway Foundation trail system along the Yakima River in the southeastern portion of the City; and WHEREAS, Yakima County has successfully sponsored a grant application to the Interagency Committee for outdoor recreation together with the Yakima Greenway Foundation for funding of the extension of the Greenway Pathway South from SR -24 2 75 miles to the 1-82 Valley Mall interchange; and WHEREAS, Yakima County, as part of the extension of the Greenway Pathway South project, needs a license for the extension of such pathway across City -leased property; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to grant such license, 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 and incorporated License (designated State Inventory Control No 5-39-00046) together with the Washington State Department of Transportation in favor of Yakima County ADOPTED BY THE CITY COUNCIL this 61 -Cray of - Thr-E-wemr-e- , 1992. //EArrid, ATTEST Mayor Ka/1/4,d .4 City Clerk (ls)res/license agrmt jv yAKIm ti VI iii DY DEC 23 9 19 Ali 'SZ STATE INVENTORY CONTROL NO. 5-39-00046 LICENSE TERM. This license is granted by the City of Yakima, Washington, and the Washington State Department of Transportation to Yakima County, Washington for the purposes and under the terms specified below. 1. DEFINITIONS. "City" shall mean the City of Yakima. "County" shall mean Yakima County, Washington. "State" shall mean the Washington State Department of Transportation. "Licensor" shall mean the City of Yakima, so long as it has an interest in the property, and the State, or either or both as the context may require. 2. TERM The term of this license shall be for 25 years commencing on the date of execution of this license by all parties. For the initial 25 years of the license term, the City of Yakima may terminate this license only for a public purpose. After the initial 25 year period, this license may be terminated without penalty by either party by giving 90 days notice. Termination of the lease between the City and State shall not automatically terminate this license. In the event that this license is terminated by the City of Yakima, the premises shall not be considered as part of or as contributing to the use of any adjoining or other properties owned, used, or controlled by the County in the event such other property or property rights of the County are subject to condemnation subsequent to the execution of this license. License - City of Yakima and State Dept. of Transportation to Yakima County. Page - 1 3. PREMISES. The premises shall be defined as indicated in Exhibit "A" attached hereto and are within the following described parcel: 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, East Yakima Avenue to Union Gap. Fee interest in the premises is owned by the State, the City holds a Lessee's interest pursuant to that certain lease entered into by the City and the State dated March 24, 1992. 4. CONSIDERATION. The County's use of the property for recreational use is hereby deemed of highway benefit and/or as serving a highway purpose; therefore, no rent will be due. Consideration for this license shall be County's construction and maintenance of a 14 foot wide trail and the improvements as indicated on Exhibit "A". 5. SUBSEQUENT USE FOR TRANSPORTATION PURPOSES. Within 30 days of occupancy, the County at its expense shall erect and maintain a permanent sign stating as follows: "This property provided for your benefit under an agreement between the County of Yakima and the City of Yakima and the Washington State Department of Transportation." 6. USE OF PREMISES. No use other than what is shown on Exhibit attached for a trail and improvements as shown on Exhibit "A", and "A" as further described therein, shall be permitted without the prior written approval of the Licensor. In using these premises, the County shall comply with all policies and regulations heretofore or hereafter promulgated by the Licensor relative to the location, operation, and License - City of Yakima and State Dept. of Transportation to Yakima County. Page - 2 maintenance of improvements located on the premises. It is expressly agreed that County shall comply with all applicable federal, state, and local laws, ordinances regulations, and environmental requirements. The County agrees to hold the Licensor harmless from claims or suits resulting from County's failure to comply with such requirements. Signs, Display Lights, or Advertising Media/Materials are not permitted unless completely detailed on a separate plan sheet requiring specific prior written approval. used each 7. JOINT USE. It is understood that the property is to be jointly by the County of Yakima and the City of Yakima and that party will conduct operations in a reasonable manner so as to not interfere with the operation of the other. 8. THE LICENSOR'S RESERVATION OF RIGHT TO MAINTAIN AND GRANT UTILITY FRANCHISES AND PERMITS. The Licensor reserves the right for utility franchise and permit holders to enter upon the premises to maintain existing facilities and, for itself, to grant utility franchises and/or permits across the premises. Such installation will be accomplished in such a manner as to minimize any disruption to the County. The franchise/permit holder will be required to restore paving and grading damaged by the installation. The County will not disturb markers or stakes installed by the City of Yakima or franchise/permit holders and will contact the franchise/permit holder prior to any excavation in order that the franchise/permit holder may locate the utility. It is the County's responsibility to protect legally installed underground utilities. License - City of Yakima and State Dept. of Transportation to Yakima County. Page - 3 Prior to any tilling of the soil, or any other operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced to a vertical depth of twelve (12) inches or greater, the County must call 1-800-553-4344 to ascertain the existence of underground utilities as well as to provide notice of County's operation to all owners of underground utilities. Furthermore, the County must comply with all provisions of RCW 19.122 relating to underground facilities. Violations of this statute are subject to possible civil penalty. 9. LICENSOR'S RIGHT OF ENTRY AND INSPECTION. The Licensor, reserves the right to enter upon the premises at any time without notice to the County for the purpose of inspection, maintenance, construction, or reconstruction of the highway facility or any element thereof. Licensor shall in no way be responsible for any incidental or consequential damages due to such entry and inspection and any subsequent loss of use by County. Licensor may from time to time go upon the premises for the purpose of inspecting any excavation, construction, or maintenance work being done by the County. Entry upon the premises for any other purpose by the Licensor shall be conducted with reasonable notice to the County and during the hours of 8:00 a.m. to 5:00 p.m. 10. INSURANCE. The County warrants that it is self-insured and that County shall indemnity and hold harmless the Licensor and its authorized agents and employees as provided in the Hold Harmless and Indemnification clause of this license. License - City of Yakima and State Dept. of Transportation to Yakima County. Page - 4 11. HOLD HARMLESS/INDEMNIFICATION CLAUSE. The County, its successors, or assigns, will protect, save, and hold harmless the Licensor, its authorized agents, and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omission of the County, its assigns, agents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities authorized by this County, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the licensed premises. The County further agrees to defend the Licensor, its agents, or employees in any litigation, including payment of any costs or attorney's fees, for any claims or action commenced, thereof arising out of or in connection with acts or activities authorized by this license. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the City of Yakima or its authorized agents or employees; Provided that if the claims or damages are caused by or result from the concurrent negligence of (a) the City or State, its agents, or employees and (b) the County, its agents, or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the County or its agents or employees. 12. NONDISCRIMINATION. The County, for itself, its successors, and assigns as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that no person, on the grounds of race, color, creed, national origin, marital status, age, License - City of Yakima and State Dept. of Transportation to Yakima County. Page - 5 sex, or the presence of any sensory, mental, or physical handicap shall be excluded from participation in, be denied the benefits of, or be otherwise unlawfully subjected to discrimination in the use of the facility now or hereafter on the premises, that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no such discrimination shall be practiced in the selection of employees or contractors, or by contractors in the selection and retention of their subcontractors, that such discrimination shall not be practiced against the public in their access to and use of the facility and services provided for public accommodation constructed or operated on, over, or under the space of the right of way, and that the County shall use the premises in compliance with all other requirements imposed pursuant to the Revised Code of Washington Chapter 49.60 and Title 49, Code of Federal Regulations, Subtitle A, Office of the Secretary of Transportation, Part 21 (49 C.F.R. Part 21), and as said Regulations may be amended. The breach of any of the above nondiscrimination covenants shall be a material act of default entitling the Licensor to terminate this license in accordance with the procedures set forth herein. 13. ATTORNEY FEES. In the event of any controversy, claim, or dispute arising out of this license, the substantially prevailing party shall, in addition to any other remedy, be entitled to recover any reasonable costs or attorney's fees which it incurs. 14. MODIFICATION. This instrument contains all the agreements and conditions made between the parties hereto and may not be modified License - City of Yakima and State Dept. of Transportation to Yakima County. Page - 6 orally or in any manner other than by an agreement in writing signed by all parties thereto. No failure on the part of any party to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by any party, unless in writing, shall discharge or invalidate such covenant or provision or affect the right of said party to enforce the same in the event of any subsequent breach or default. IN WITNESS WHEREOF, the parties have caused this License to be executed by their duly authorized officers on the dates set forth below. YAKIMA COUNTY COMMISSIONERS doe AM_ at A ci /moi day of vs,Qzbec Attest this rr, 1992: Sylvia E. Hinojosa Clerk of _ e Boa of Yakima County Commissioners Approve /as to form: Deputy Prose uting ttorney License - City of Yakima and State Dept. of Transportation to Yakima County. Page - 7 CITY OF YAKIMA City Manager Attest this jb L day of 1992. ,.Toyc,.,,�c ) ' STATE OF WASHINGTON County of Yakima ) CITY ACKNOWLEDGEMENT On this �.{ day ofrQGXQgr , 19 , before me personally appeared RICHARD ZAIS known to be the City Manager of the City of Yakima, Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument by resolution of the City Council of said City, and that the seal affixed is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. c5 ? 71;! Notary Public of Washington. Residing at: Commission expi d for the State License - City of Yakima and State Dept. of Transportation to Yakima County. Page - 8 WASHINGTO STATE DEPART OF TRANSPORTATION District Administrator of District No. 5 P.O.Box 12560 Yakima, WA 98909-2560 (509)575-2555 Date: STATE ACKNOWLEDGEMENT STATE OF WASHINGTON ) County of Yakima On this day of , 19 , before me personally appeared known to be the of the State of Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said State, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington. Residing at: Commission expires: CityYak2.Lic License - City of Yakima and State Dept. of Transportation to Yakima Canty. Page - 9 y • • ASE7• REMlc7..5 "A 14Fb - iCrE O REST ROOM . E TABLES A. BENCHES FENCE PATHWAY SIGN BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON ACEENDAITATzma Item No. For Meeting Of Igumber aa992 ITEM TITLE: A resolution authorizing the execution of a License Agreement for the extension of the Greenway Pathway South. SUBMITTED BY: John Vanek, City Attorney and • Chris Waarvick, Wastewater T ea ment Plant Superintendent CONTACT PERSON/TELEPHONE: John Vanek/575-6030 or Chris Waarvick/575-6077 SUMMARY EXPLANATION: On August 25, 1992, the City Council adopted Resolution No. D-6177 which authorized the City to be a co -signator of an application for grant money assistance from the Interagency Committee for Outdoor Recreation in order to extend the current Greenway 2.75 miles south of its current terminus at SR -24. Part of the grant process requires Yakima County to obtain the right to cross City -leased land for the purpose of construction and maintenance of the Greenway South trail. Submitted for Council passage is a License Agreement wherein the City of Yakima and the Washington State Department of Transportation gr a 25 -year license to County for the purpose of construction and maintenancet of the Greenway SoutYakima l across a parcel of open land which the City currently leases from the Washington State would be constructed ructed along a dike immediately to the Yakima River. Department of Transportation. The trail STAFF RECOMMENDATION: Council policy issue. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. D-6223 (ls)agenda/license agrmt. jv