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.
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ATTEST Mayor
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City Clerk
(ls)res/license agrmt jv
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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.
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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
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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